MERCHANTS IND., ETC. v. VICTORY IRON WORKS, INC.


80 N.J. Super. 7 (1963)

192 A.2d 592

MERCHANTS INDEMNITY CORPORATION OF NEW YORK, PLAINTIFF-RESPONDENT, v. VICTORY IRON WORKS, INC., MARTIN EDSON, JR., DEFENDANTS, AND JOHN R. HENCHES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 1963.


Attorney(s) appearing for the Case

Mr. Seymour M. Karas argued the cause for the defendant-appellant

Mr. William V. Breslin argued the cause for the plaintiff-respondent.

No appearance for Victory Iron Works, Inc. or Martin Edson, Jr.

Before Judges CONFORD, GAULKIN and KILKENNY.


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

In this declaratory judgment action the trial judge held that the automobile liability policy issued by plaintiff Merchants Indemnity Corporation of New York (Merchants) to Victory Iron Works, Inc. (Victory) did not obligate Merchants to defend Edson from the action brought against him by Henches. Henches alone appeals.

It is agreed that Edson and Henches, employees of Victory traveling in a Victory...

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