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COSMOPOLITAN MUT. INS. CO. v. CONTINENTAL CAS. CO.

28 N.J. 554 (1959)

147 A.2d 529

COSMOPOLITAN MUTUAL INSURANCE COMPANY AND ESSEX COUNTY NEWS COMPANY, NOW DOING BUSINESS AS NEWARK NEWSDEALERS SUPPLY COMPANY AND FRAZIER McCOLLUM, PLAINTIFFS-RESPONDENTS, v. CONTINENTAL CASUALTY COMPANY AND U-DRIVE-IT COMPANY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided January 5, 1959.

Attorney(s) appearing for the Case

Mr. Raymond L. Cunneen argued the cause for defendants-appellants (Mr. Hugh J. O'Gorman, on the brief).

Mr. Philip M. Lustbader argued the cause for plaintiffs-respondents (Messrs. Schneider, Lustbader & Morgan, attorneys).

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

This appeal involves the question of the respective obligations of two insurance companies under their automobile liability policies.

On June 10, 1956 the Essex County News Company hired a truck from U-Drive-It Company. While the truck was being used in the business of the News Company and operated by its employee, McCollum, it was involved in an accident with another vehicle operated by one Frese. Frese...

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