J. A. Ewing & McDonald, Inc. v. Municipal Warehouse Co.

This is a motion by the third party defendant, an insurance company, to dismiss the third party complaint served upon it- pursuant to section 193-a of the Civil Practice Act.

The plaintiff has pleaded a cause of action against defendant for breach of a contract of storage of personal property, alleging that the defendant negligently cared for the property so that it was not returned to the plaintiff. The third party complaint shows that the third party defendant insured the property in favor of the defendant and delivered a policy of warehouseman’s liability insurance to the defendant (the…