Barnard v. Old Colony Insurance

This case comes before us upon demurrer to the plaintiff’s amended declaration. All facts well pleaded are therefore admitted (Williams v. Mathewson, 73 N. H. 242), and for the purpose of overruling the demurrer it is only necessary for us to point out from those facts possible conclusions favorable to the plaintiff which might be reached by the trial court. Final interpretation of the policy “must of necessity depend upon a consideration 'of all the evidentiary facts and circumstances ’ bearing thereon.” Until consideration of such facts neither that court nor this is bound to adopt the…