Decided: May 17, 1935.
SOLLY CHURCH, PLAINTIFF-APPELLANT,
CONSOLIDATED INDEMNITY AND INSURANCE COMPANY, A BODY CORPORATE, DEFENDANT-RESPONDENT
On appeal from the Supreme Court, whose per curiam opinion is printed in 12 N.J. Mis. R. 722.
For the appellant, James S. Ely.
For the respondent, Charles M. Grossman.
[115 NJL Page 204]
The judgment appealed from is affirmed, for the reasons expressed in the per curiam opinion filed in the Supreme Court and printed in 12 N.J. Mis. R. 722; 174 A. 488, with this reservation: We deem it unnecessary, on this motion to strike out defendant's answer, to finally determine plaintiff's relationship to Cooke, the assured. Whether he was an employe of Cooke, within the intendment of the policy, may quite possibly be a question of fact when the proofs are submitted.
For affirmance -- THE CHANCELLOR, LLOYD, CASE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 11.
For reversal -- None.