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COSTANZO v. PENNSYLVANIA THRESHERMEN, ETC., INS. CO.

30 N.J. 262 (1959)

152 A.2d 589

PETER COSTANZO AND PETER MAZZOLANI, PLAINTIFFS-APPELLANTS, v. PENNSYLVANIA THRESHERMEN & FARMERS' MUTUAL CASUALTY INSURANCE COMPANY, ETC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 30, 1959.

Attorney(s) appearing for the Case

Mr. Jerome L. Kessler argued the cause for the plaintiffs-appellants.

Mr. Gustave A. Peduto argued the cause for the defendant-respondent (Mr. Charles A. Rooney, attorney; Mrs. Marian V. Rooney-Sheehy and Mr. Gustave A. Peduto on the brief).

The opinion of the court was delivered by PROCTOR, J.

The Superior Court, Law Division, after a trial without a jury, dismissed plaintiffs' action based on an automobile liability insurance policy. On our own motion we certified plaintiffs' appeal before the Appellate Division considered it.

The controversy arose out of the following factual situation: On July 2, 1953 there was in existence an automobile liability insurance policy issued by the defendant insurer...

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