MATTIA v. NORTHERN INS. CO. OF NEW YORK


35 N.J. Super. 503 (1955)

114 A.2d 582

JOSEPH MATTIA, PLAINTIFF-RESPONDENT, v. NORTHERN INSURANCE COMPANY OF NEW YORK, A CORPORATION OF THE STATE OF NEW YORK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1955.


Attorney(s) appearing for the Case

Mr. William G. Bischoff argued the cause for defendant-appellant (Messrs. Carroll, Taylor & Bischoff, attorneys).

Mr. Frank E. Vittori argued the cause for plaintiff-respondent.

Before Judges GOLDMANN, FREUND and CONFORD.


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

This is an action on the theft coverage provision of a policy of automobile insurance. Plaintiff recovered a judgment against defendant after trial before a judge and jury in the Law Division, Camden County, for the value of an automobile stolen, while parked, two months after his purchase of the insurance. Defendant's appeal is grounded in the contention that it was wrongfully refused the judgment in its favor...

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