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MILLHURST MILLING & DRYING CO. v. AUTOMOBILE INS. CO.

31 N.J. Super. 424 (1954)

107 A.2d 46

MILLHURST MILLING & DRYING COMPANY, A BODY CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. AUTOMOBILE INSURANCE COMPANY, A BODY CORPORATE, AND PIEDMONT FIRE INSURANCE COMPANY, A BODY CORPORATE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1954.

Attorney(s) appearing for the Case

Mr. Theodore D. Parsons argued the cause for plaintiff-appellant (Messrs. Parsons, Labrecque, Canonza & Combs, attorneys).

Mr. Marshall Crowley argued the cause for defendants-respondents (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys).

Before Judges CLAPP, SMALLEY and SCHETTINO.

The opinion of the court was delivered by SMALLEY, J.A.D. (temporarily assigned).

This is an appeal from a judgment of the Law Division rendered in favor of the defendants in an action commenced by plaintiff to recover on identical policies of fire insurance issued by defendants to the plaintiff.

The plaintiff is a family corporation carrying on the business of merchandising building materials, feed and grain, hardware, and milling, and in addition, engages...

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