Turk v. Goldberg
| Decision Date | 21 February 1920 |
| Docket Number | No. 47/557.,47/557. |
| Parties | TURK v. GOLDBERG et al. |
| Court | New Jersey Court of Chancery |
Action by Pauline Turk against Albert Goldberg and others. Hearing on rule to show cause. Rule discharged.
E. R. McGlynn, of Newark, for complainant.
John W. McGeehan, of Newark, for defendant Commonwealth Casualty Company and others.
Samuel Hollander, of Newark, for defendant Gaffney.
William Harris, of Newark, for defendant Schwartz.
Osborne & Cornish, of Newark, for defendant Cooper.
John R. Emery, of Newark, for defendant Murphy.
John H. Cooper, of Newark, for defendant Spawn.
FIELDER, V. C. P. L. 1916, p. 283, known as the "Jitney Act," provides, in section 3, that the owner of an auto bus shall file with the chief fiscal officer of the city in which the auto bus is licensed and operated an insurance policy of a company duly licensed to transact business under the laws of this state, in the sum of $5,000, against loss from the liability imposed by law upon the auto bus owner, for damages on account of bodily injury or death suffered by any person or persons as a result of an accident occurring by reason of the ownership, maintenance, or use of such auto bus upon the public streets of such city, and that such policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, and use of such auto bus or any fault in respect thereto, "and shall be for the use and benefit of every person suffering loss, damage or injury as aforesaid."
The verified bill of complaint alleges that Albert Goldberg was operating a licensed auto bus and had filed in the proper office an insurance policy in the sum of $5,000, conditioned as provided by statute; that, while complainant and several other persons were passengers in this bus, she and they received bodily injuries as the result of a collision between the auto bus and an auto truck, and that she has brought suit in the Supreme Court for $10,000 against Goldberg and the owner of the auto truck for the injuries sustained; that Goldberg is insolvent; that several persons injured in this accident have sued Goldberg and the auto truck owner, and some of them have recovered judgments which have been paid by the insurance company to the extent of $2,200, leaving a balance of but $2,800 due on the policy; that several other suits are pending against Goldberg for a total of more than $30,000, and that there may be other injured persons having claims on the insurance money; that the insurance policy was issued for the benefit of all persons injured in the accident in question, but that, before complainant can recover judgment, the amount of the policy will be exhausted unless this court interferes. She prays that the insurance company may be restrained from making any further payments on the policy and that the plaintiffs in the pending actions against Goldberg may be restrained from proceeding in such actions (except to obtain final judgments therein or to prosecute an appeal) and from attempting to collect from the insurance company. She further prays that the insurance company be directed to pay the amount of...
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Alford v. Textile Ins. Co.
...Nor may a court require the insurance company to pay the fund into its register for ratable distribution among claimants. Turk v. Goldberg, 91 N.J.Eq. 283, 109 A. 732. Since plaintiff has not alleged or offered to prove that the settlements made were not in fact made in good faith, and ther......
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Clarke v. Brown
...or it would have provided that the amount should be for the benefit of every person injured to the extent of $10,000 per person. See Turk v. Goldberg, infra. To hold that the statutory amount is for the benefit of all injured persons pro rata would make it necessary for the Fund to ascertai......
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Liguori v. Allstate Ins. Co.
...remaining, the courts have denied relief on various grounds. In a case decided by our former Court of Chancery, Turk v. Goldberg, 91 N.J.Eq. 283, 109 A. 732 (Ch. 1920), the facts were as follows: The Jitney Act, L.1916, p. 283, required the owner of a licensed auto bus to file an insurance ......
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Gerdes v. Travelers Ins. Co.
...multiple claimants injured in a single accident or paying any such claims before all have been reduced to judgment (see Turk v. Goldberg, 91 N.J.Eq. 283, 109 A. 732 Keeton, Preferential Settlement of Liability Insurance Claims, 70 Harv.L.Rev. 27 However, the order to show cause directed ser......