DAVID B. KAPLUS, INC., v. HOME INS. CO., N.Y.


26 N.J. Super. 163 (1953)

97 A.2d 509

DAVID B. KAPLUS, INC., PLAINTIFF-APPELLANT, v. THE HOME INSURANCE COMPANY, NEW YORK, N.Y., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1953.


Attorney(s) appearing for the Case

Mr. Louis K. Press argued the cause for the appellant (Mr. Charles A. Winkelried, on the brief).

Mr. Samuel A. Gennet argued the cause for the respondent.

Before Judges EASTWOOD, BIGELOW and JAYNE.


The opinion of the court was delivered by BIGELOW, J.A.D.

This is an action on a contract whereby the defendant insured the plaintiff against loss by theft. While the policy was in force, 20 motor pumps were stolen from the plaintiff. The only question is whether the pumps were covered by the policy. The learned county judge, who heard the case without a jury, decided the question in the negative and rendered judgment for the defendant.

The policy was what...

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