Decided: April 2, 1936.
B & O RADIO, INCORPORATED, PLAINTIFF-APPELLANT,
PRUDENTIAL INSURANCE COMPANY OF AMERICA, DEFENDANT-RESPONDENT
On appeal from the Supreme Court wherein judgment for the plaintiff was denied by Circuit Court Judge Joseph L. Smith, who filed the following reasons:
For the appellant, Haines & Chanalis and Patrick J. Maloney.
For the respondent, Carey & Lane, Robert Carey and Harry Lane.
[116 NJL Page 304]
We agree with the conclusions of Judge Smith that the case is within the holdings of this court in Domestic Electric Co., Inc., v. Mezzaluna, 109 N.J.L. 574, and Russ Distributing Corp. v. Litchman, 111 Id. 21. To these cases may be added that of Smyth Sales Corp. v. Norfolk Building and Loan Association, 116 Id. 293.
For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, LLOYD, CASE, DONGES, HETFIELD, DEAR, WOLFSKEIL, RAFFERTY, JJ. 9.
For reversal -- BODINE, HEHER, PERSKIE, WELLS, JJ. 4.