# Lumbermen's Mutual Casualty Co. v. McCarthy

> Supreme Court of New Hampshire · October 3, 1939 · 90 N.H. 320

URL: https://www.frixlaw.com/law-library/cases/3552629

## Case

- **Full name:** Lumbermen’s Mutual Casualty Company v. Edward McCarthy & A.
- **Court:** Supreme Court of New Hampshire
- **Decided:** October 3, 1939
- **Citations:** 90 N.H. 320; 8 A.2d 750; 126 A.L.R. 894; 1939 N.H. LEXIS 70
- **Precedential status:** Published
- **Opinion:** Dissent by Branch
- **Judges:** Woodbury, Branch
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3552629

## Opinion text

Branch, J.,
dissented, as to the answer to the first question, upon
the ground that the answer given in the majority opinion disregards the language of the policy and construes the promise of the insurance company to defend, not as an undertaking for the benefit of the assured, but as a stipulation for the benefit of the insurer.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3552629. Public record. Not legal advice.