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HIGHWAY TRAILER CO. v. DONNA MOTOR LINES, INC.

46 N.J. 442 (1966)

217 A.2d 617

HIGHWAY TRAILER COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. DONNA MOTOR LINES, INC., A CORPORATION OF NEW JERSEY, DEFENDANT, AND MOUNT VERNON FIRE INSURANCE COMPANY, AN INSURANCE COMPANY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 7, 1966.

Attorney(s) appearing for the Case

Mr. Charles N. Kors argued the cause for the plaintiff-appellant (Messrs. Kors & Rubin, attorneys).

Mr. Edward G. D'Alessandro argued the cause for the defendant-respondent (Messrs. Friedman & D'Alessandro, attorneys; Mr. Louis M. Minotti on the brief).

The opinion of the court was delivered by PROCTOR, J.

This appeal concerns the rights of a loss payee under a theft insurance policy.

In October 1960 the plaintiff, Highway Trailer Company (Highway), sold a trailer to Donna Motor Lines, Inc. (Donna) for $14,430.86. Donna made a small down payment and Highway retained a security interest in the trailer through a conditional sale contract. The balance due was to be paid in monthly installments. Before delivery...

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