Supreme Court of New Hampshire January 5, 1937 (Penn Mutual Life Insurance v. Kelley)

*353

Branch, J.

Although the defendants still insist that the bill should be dismissed because the plaintiff has an adequate remedy at law, it was stated at the argument that both parties desired a decision upon the controlling question of substantive law here presented. We, therefore, proceed at once to a consideration of the question whether the supplemental agreement is now contestable.