On appeal from the Supreme Court, Passaic Circuit.
For the defendant-appellant, Henry M. Grosman (Felix Rospond, of counsel).
For the plaintiff-respondent, Isadore Rabinowitz.
The opinion of the court was delivered by
WELLS, J. This is an appeal from a judgment entered in the Supreme Court, Passaic Circuit, in favor of the plaintiff, Nathan Rabinowitz, assignee, and against the defendant, Massachusetts Bonding and Insurance Company, hereinafter called the Insurance Company.
On February 20th, 1930, one Bridget McCormick sustained a serious injury in the course of her employment by one Ernest A. Limburn. At the time of this injury there was in force a policy issued by the Insurance Company to Limburn, protecting him as to his responsibility as an employer under the provisions of the Workmen's Compensation act of New Jersey.
To effect treatment for the injuries sustained, Bridget McCormick was taken to the Monmouth Memorial Hospital, hereinafter called the Hospital, and there received hospitalization from February 20th, 1930, until November 17th, 1930, the date of discharge.
On April 16th, 1930, the Hospital wrote a letter to the Insurance Company, at its branch office in New York, as follows:
"Re: B. McCormick vs. C-23416
We will be pleased to know the present status of the claim for compensation of the above named patient, as to date we have not received any information from your office, that the account would be taken care of under the compensation laws of this State."
Several days later the Hospital received two letters, each dated April 18th, 1930, written on the stationery of the Insurance Company, and signed "P. E. Brouillet, ...