Merchants Mutual Casualty Co. v. Lambert

The principal argument advanced by the plaintiff is, in substance, that the finding of the trial court “that the 1930 Pierce-Arrow sedan was replaced by the 1935 Pierce-Arrow December 1, 1938” is inconsistent and irreconcilable with the other findings of the court that “at the time of the accident, December 1, 1938, the defendant Lambert still owned the 1930 Pierce-Arrow sedan. It was in his garage with New Hampshire number plates attached and was registered in his name at the Motor Vehicle Department.” The position of the plaintiff is thus set forth in its brief. “Coverage on the 1930 car…