U.S. Cas. Co. v. Diamond Fuel Co.

Decision Date22 September 1937
Docket NumberNo. 207.,207.
Citation194 A. 169,122 N.J.Eq. 369
PartiesUNITED STATES CASUALTY CO. v. DIAMOND FUEL CO. et al.
CourtNew Jersey Supreme Court

Appeal from Court of Chancery.

Suit by the United States Casualty Company against the Diamond Fuel Company and others. From a decree dismissing the bill, the complainant appeals.

Affirmed.

Walter S. Keown and George D. Rothermel, both of Camden, and Merritt Lane, of Newark, for appellant. William C. Gotshalk, of Camden, for respondents Diamond Fuel Co. and Albert Moseley. Albert S. Woodruff, of Camden, for respondent Francesco Piarulli. Samuel P. Orlando, of Camden, for respondents Salvatora Nuzzi and Vincenzo Nuzzi.

PER CURIAM.

This is an appeal from a decree of the Court of Chancery dismissing the bill of complaint filed to have declared void on the ground of fraud a policy of public liability insurance covering two trucks owned by the respondent Diamond Fuel Company. The other respondents are holders of judgments in actions based upon the alleged negligent operation of one of the trucks, and Moseley, driver of the truck involved in the accident and defendant in the actions at law.

The insurer sought to prove fraud in the application for coverage for the truck involved in the accident, in that the application was made after the accident occurred and the...

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2 cases
  • Nuzzi v. U. S. Cas. Co.
    • United States
    • New Jersey Supreme Court
    • 17 Octubre 1938
    ...who heard the case, held that the alleged fraud was not proved. The decree was affirmed by this court. United States Casualty Co. v. Diamond Fuel Co., 122 N.J. Eq. 369, 194 A. 169. The plaintiffs, holders of the judgments, unable to have same satisfied by the assured, brought suit thereon i......
  • Clayton v. Vallaster, 35.
    • United States
    • New Jersey Supreme Court
    • 22 Septiembre 1937

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