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DANEK v. HOMMER

28 N.J. Super. 68 (1953)

100 A.2d 198

JOHN DANEK, PLAINTIFF, v. JULIUS J. HOMMER AND KATHERYN HOMMER, PARTNERS TRADING AS HOMMER TOOL MFG. CO., DEFENDANTS AND THIRD-PARTY PLAINTIFFS AS APPELLANTS, v. NEW JERSEY MANUFACTURERS CASUALTY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT AS RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1953.

Attorney(s) appearing for the Case

Mr. Joseph Weintraub argued the cause for the appellants (Messrs. McGlynn, Weintraub & Stein, attorneys for third-party plaintiffs as appellants).

Mr. Robert Shaw argued the cause for the respondent (Messrs. Shaw, Hughes & Pindar, attorneys for third-party defendant as respondent).

Before Judges EASTWOOD, JAYNE and FRANCIS.

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

Appellants Julius J. Hommer and Katheryn Hommer, trading as Hommer Tool Manufacturing Co., sued respondent insurance carrier to recover counsel fees and costs incurred in defending a damage action brought against them, which action, they claimed, respondent was obligated to defend under certain policies of insurance. The trial court concluded that the action in...

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