UNIVERSAL CARLOADING v. MERCHS. CAS.


9 Misc.2d 177 (1957)

Universal Carloading and Distributing Co., Inc., Plaintiff, v. Merchants Mutual Casualty Co., et al, Defendants.

Supreme Court, Special Term, Kings County.

September 30, 1957.


Attorney(s) appearing for the Case

John W. Trapp and Wilbur M. Jones for plaintiff.

Robert Hill Nix for Merchants Mutual Casualty Company and another, defendants.


JACOB J. SCHWARTZWALD, J.

In this action for a declaratory judgment seeking a determination of the rights of the parties relative to protection coverage under the terms of an insurance policy, the defendant Merchants Mutual Casualty Co. moves to dismiss the complaint for failure to state facts sufficient to constitute a cause of action.

The facts briefly, as set forth in the complaint, reveal in part that the defendant Merchants Mutual Casualty...

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