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CATALFANO v. HIGGINS

182 A.2d 637 (1962)

Leo J. CATALFANO, Plaintiff, v. Walter J. HIGGINS and Matthew J. Murray, t/a Olympic Parking Service, Defendants.

Superior Court of Delaware, New Castle.

Motion for New Trial Denied June 19, 1962.

Attorney(s) appearing for the Case

Garry G. Greenstein (of Wahl, Greenstein & Berkowitz), Wilmington, for plaintiff.

John P. Brady (of Metten, Healy & Collins), Wilmington, for defendants.

LYNCH, Judge.

Plaintiff's Chevrolet Sedan was stolen on July 20, 1959, while it was in the possession of the defendants, who conduct a "Valet Parking Lot" at the Delaware Park Race Track, Stanton, Delaware. Plaintiff had fire and theft insurance and his insurance carrier paid him his loss, in the amount as claimed.

In the settlement papers it was provided that upon payment of the claim to plaintiff, he, as

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