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ROGERS v. AMERICAN FIDELITY & CASUALTY CO.

52 N.J. Super. 254 (1958)

145 A.2d 344

CLAYTON ROGERS AND MARJORIE ROGERS, PLAINTIFFS-APPELLANTS, v. AMERICAN FIDELITY AND CASUALTY COMPANY, INC., A FOREIGN INSURANCE CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1958.

Attorney(s) appearing for the Case

Mr. Charles Blume argued the cause for plaintiffs-appellants.

Mr. Burton J. Ironson argued the cause for defendant-respondent (Mr. Sam Lieberman, attorney).

Before Judges GOLDMANN, CONFORD and HANEMAN.

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

This is an action on an automobile collision insurance policy. The amount of recovery sought is $410. The Morris County District Court, trying the case without a jury, held for the defendant, "the only question for determination" being stated as "whether the plaintiffs did anything which would affect the defendant's rights of subrogation, if any," under the policy...

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