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MANCUSO v. ROTHENBERG

67 N.J. Super. 248 (1961)

170 A.2d 482

SALVATORE MANCUSO AND RUBY MANCUSO, PLAINTIFFS, v. LEONARD ROTHENBERG, THIRD-PARTY PLAINTIFF-RESPONDENT, AND ALFRED BENDER AND LOUIS BENDER, DEFENDANTS, v. MOTORS INSURANCE CORPORATION, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1961.

Attorney(s) appearing for the Case

Mr. Louis Chivian argued the cause for third party defendant-appellant (Messrs. Chivian & Chivian, attorneys; Mr. Louis Chivian, of counsel).

Mr. Albert S. Parsonnet argued the cause for third party plaintiff-respondent.

Before Judges GOLDMANN, FOLEY and LEWIS.

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

Plaintiffs Salvatore Mancuso and Ruby Mancuso, co-owners of a Fiat automobile, were insured against damages thereto, less $50 deductible, by Emmco Insurance Company (hereinafter referred to as Emmco).

On August 5, 1959 at 3:45 A.M., defendant Leonard Rothenberg, with the permission of the plaintiffs, was driving the Fiat, on a mission for his own benefit...

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