MESSING v. RELIANCE INS. CO.


77 N.J. Super. 531 (1962)

187 A.2d 49

LEON MESSING, TRADING AS LAM REALTY CO., PLAINTIFF, v. RELIANCE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 19, 1962.


Attorney(s) appearing for the Case

Messrs. Fox, Yanoff and Fox argued the motion for the plaintiff (Mr. Leo Yanoff, of counsel).

Mr. Harold D. Feuerstein argued the motion for the defendant.


CONKLIN, J.S.C.

Plaintiff's action is founded upon a fire insurance policy. Plaintiff demands judgment in the amount of damage to the building — that amount being agreed upon by the parties — or in the alternative, that an umpire be appointed and instructed to appraise the actual cash value of the property in question upon a market value basis. The court finds the demand for judgment in the amount of the damage without merit and is, therefore, concerned...

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