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Colabella v. Travelers Fire Insurance Co.

Decided: September 11, 1945.

ARTHUR COLABELLA, PLAINTIFF,
v.
THE TRAVELERS FIRE INSURANCE COMPANY, DEFENDANT



On motion to change venue.

For the plaintiff, Harold D. Feuerstein.

For the defendant, Kristeller & Zucker (Lionel P. Kristeller, of counsel).

Before Brogan, Chief Justice, and Justices Parker and Oliphant.

Oliphant

The opinion of the court was delivered by

OLIPHANT, J. On January 25th, 1945, the late Mr. Justice Porter issued a rule to show cause returnable before this court, en banc, why an order should not be made changing the venue of the above entitled cause from Ocean County to some other county.

This is a suit brought by the plaintiff on a policy of insurance issued by the defendant covering a building located in Ocean County, New Jersey.

The plaintiff is a resident of Bergen County and the defendant is a foreign corporation and service of process was effected upon it in Essex County.

The defendant's agent is in Lavalette, Ocean County, New Jersey, and

that is where the policy was countersigned and that is where the policy was obtained by the plaintiff. The policy does not state where it is to be payable.

This is a transitory action. It seeks only the recovery of money. Hesselbrock v. Burlington County, 111 N.J.L. 177.

The application is not based merely upon the convenience of the parties, but upon what the defendant asserts is its definite and substantial rights under the statute. R.S. 2:27-19. This court in Broderick v. Abrams, 116 N.J.L. 40, said "the current of judicial decision is that this provision confers a substantive right of which ...


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