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TOOKS v. INDEMNITY INS. CO. OF N.A.

381 Pa. 607 (1955)

Tooks, Appellant, v. Indemnity Insurance Company of North America.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Hymen Schwartz, for appellant.

William T. Campbell, with him Swartz, Campbell & Henry, for appellee, were not heard.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION PER CURIAM, May 23, 1955:

The basis of plaintiff's claim in this action in trespass might well be characterized as unusual, if not unique. She alleges that her father, William A. Tooks, died testate in 1949. His executor, Abraham T. Needleman, resigned after two months; plaintiff was appointed administrator d.b.n.c.t.a. and has acted in that capacity ever since. Needleman operated the decedent's funeral supply business during his executorship, but without...

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