CONDENSER SERVICE, ETC., CO., INC. v. AMERICAN, INS. CO.


45 N.J. Super. 31 (1957)

131 A.2d 409

CONDENSER SERVICE & ENGINEERING CO., INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, A CORPORATION OF MASSACHUSETTS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 1957.


Attorney(s) appearing for the Case

Mr. Maurice Schapira argued the cause for the appellant (Messrs. Schapira and Farkas, attorneys).

Mr. Frank Fink argued the cause for the respondent (Mr. James J. Carroll, attorney).

Before Judges CLAPP, JAYNE and FRANCIS.


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

The issue on this appeal is whether, under circumstances to be detailed, plaintiff Condenser Service & Engineering Co., Inc. is entitled to invoke the Declaratory Judgments Act, N.J.S. 2A:16-50 et seq. Where the act is applicable, the mode of presenting the problem to the court is regulated by the ordinary rules of civil practice. R...

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