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JERSEY INS. CO. OF N.Y. v. ALTIERI

5 N.J. Super. 577 (1949)

68 A.2d 852

JERSEY INSURANCE COMPANY OF NEW YORK, A CORPORATION, ET AL., PLAINTIFFS, v. JOHN ALTIERI, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 21, 1949.

Attorney(s) appearing for the Case

Messrs. Kristeller & Zucker (Mr. Saul J. Zucker) for the plaintiffs.

Messrs. Stoffer & Jacobs (Mr. David Stoffer) for the defendants Waldo J. Dittmar, Waldo J. Dittmar, Jr., and Violetta H. Dittmar.

Messrs. Bowers & Bry-Nildsen (Mr. Martin Bry-Nildsen, Jr.) for the defendant Washington Trust Company.

FREUND, J.S.C.

The main issue before the court is whether under the present rules governing civil practice in the Superior Court a defendant in an interpleader suit may file a counterclaim against the plaintiff on an independent liability.

On June 16, 1948, the plaintiffs, Jersey Insurance Company of New York and American Equitable Assurance Company, by their agent, Harry Christine, each issued a fire insurance policy in the amount of $5,000, of which $2,500...

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