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FARM BUREAU AUTOMOBILE INS. CO. v. GEORGIANA

14 N.J. Super. 459 (1951)

82 A.2d 217

FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY, PLAINTIFF, v. ANGELL GEORGIANA, FRANCIS GEORGIANA, JOSEPH GEORGIANA, WILLIAM RANKIN, GEORGE ERTLE, JAMES JARVIS, EDWARD TICK, ROBERT GUYER AND SMITH AND SOLOMON TRUCKING COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 26, 1951.

Attorney(s) appearing for the Case

Mr. Nicholas Conover English tried the cause for plaintiff (Messrs. McCarter, English & Studer, attorneys).

Mr. Augustus Nasmith tried the cause for defendants, Angell Georgiana, Francis Georgiana, Joseph Georgiana and Smith and Solomon Trucking Company (Mr. Francis Van Orman, attorney).

Mr. Thomas S. O'Brien tried the cause for all other defendants (Mr. Charles Tyne, attorney for defendant, George Ertle; Messrs. Wall, Walsh, Kelly & Whipple and Mr. William L. Johnston, attorneys for remaining defendants).

SCHETTINO, J.S.C.

Plaintiff sues to rescind an automobile truck liability policy issued by it to defendants, Angell Georgiana and Francis Georgiana, on the ground of their fraud in obtaining its issuance. The policy covered a truck for the period May 5, 1949, to November 5, 1949. On October 5, 1949, the truck was involved in an accident in New Jersey. The remaining defendants are plaintiffs and defendants in a law action arising out of the accident and were added...

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