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FERDINAND v. AGRICULTURAL, ETC., OF WATERTOWN, N.Y.

40 N.J. Super. 1 (1956)

122 A.2d 1

E. JAY FERDINAND AND PHYLLIS C. FERDINAND, PLAINTIFFS-RESPONDENTS, v. AGRICULTURAL INSURANCE COMPANY OF WATERTOWN, NEW YORK, A CORPORATION, DEFENDANT-APPELLANT, AND APPLETON & COX, INC., ETC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 1956.

Attorney(s) appearing for the Case

Mr. George I. Janow of the New York Bar argued the cause for the defendant-appellant (Mr. Samuel Dreskin, attorney).

Mr. Frederick C. Vonhof argued the cause for the plaintiffs-respondents (Mr. Albert M. Neiss, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The defendant appeals from a judgment for the plaintiffs entered by direction of the court when the defendant rested without offering testimony at the close of the plaintiffs' case. The defendant argues that the case should have been submitted to the jury and that the sole issue is the propriety of the court's action in not doing so.

The action was on contract, to recover for the loss of seven pieces...

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