INDEMNITY, ETC., OF N.A. v. METROPOLITAN CAS. INS. CO. OF N.Y.


53 N.J. Super. 90 (1958)

146 A.2d 692

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION, AND JOSEPHINE L. ACERRA, EXECUTRIX OF THE ESTATE OF DOMENIC B. ACERRA, JR., DECEASED, PLAINTIFFS, v. METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, A CORPORATION, FRED J. DUNCAN, BRUNO TALERICO, JAMES MOYERS, HELEN C. SMITH, ADMINISTRATRIX OF THE ESTATE OF BENJAMIN E. SMITH, DECEASED, AND JENNIE CALANDRIELLO, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 8, 1958.


Attorney(s) appearing for the Case

Messrs. Schneider, Lustbader & Morgan, attorneys for plaintiff Indemnity Ins. Co. (Mr. Philip M. Lustbader appearing).

Messrs. Quinn, Doremus, McCue & Russell, attorneys for plaintiff Josephine L. Acerra (Mr. Benedict R. Nicosis appearing).

Messrs. Zimmer & Selikoff, attorneys for defendants Metropolitan & Calandriello (Mr. Frank P. Zimmer appearing).

Mr. John P. Arnone, attorney for defendant Fred J. Duncan.

Mr. David L. Greene, attorney for defendant Bruno Talerico.

Messrs. Applegate, Reussille, Cornwell & Hartman, attorneys for defendant James Moyers (Mr. Samuel Carotenuto, appearing).

Messrs. Durand, Ivins & Carton, attorneys for defendant Helen C. Smith, etc.

Mr. George Gray, attorney for defendant Fred J. Duncan.


KOLOVSKY, J.S.C.

On September 29, 1955, at about 8:30 P.M., a Cadillac automobile owned by Jennie Calandriello and travelling in an easterly direction on Newman Spring Road in Middletown Township, Monmouth County, left the highway and crashed into a tree. Two of the occupants of the automobile, Domenic B. Acerra, Jr., who had been driving, and Benjamin E. Smith who had been sitting in the right front seat, were killed; the other three occupants, Fred J. Duncan, James...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases