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FLOWERS BY DiALTON'S v. AMERICAN INS. CO.

39 N.J. Super. 44 (1956)

120 A.2d 501

FLOWERS BY DiALTON'S, A CORPORATION, PLAINTIFF, v. THE AMERICAN INSURANCE COMPANY, A BODY CORPORATE, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 16, 1956.

Attorney(s) appearing for the Case

Mr. John Warren, Jr., for plaintiff (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys).

Mr. William T. Wachenfeld for defendant (Messrs. Lum, Fairlie & Foster, attorneys).

The opinion of the court was delivered by LARRABEE, J.C.C.

Plaintiff ordered fire insurance on December 23, 1954 from the Edwards Agency which, as agent for the American Insurance Company, issued an oral binder. A fire loss occurred on January 3, 1955 and plaintiff sues on the oral binder, the policies not having been issued. The Edwards Agency has paid the loss claim of $1,500, taken an assignment of the claim and is added as plaintiff. These facts are stipulated...

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