People v. Estate of Wirkus

Plaintiff in error brought assumpsit against the Estate of Jack Wirkus doing business as Jack Wirkus & Company, and the New Jersey Fidelity and Plate Glass Insurance Company, on an indemnity insurance contract commonly called a commission merchant’s bond. The statement of claim on motion of the defendant, New Jersey Fidelity and Plate Glass Insurance Company, was stricken from the files and the cause dismissed at plaintiff’s costs, for a reversal of which this writ of error has been sued out.

The statement of claim sets forth in substance that on July 1, 1930, the Estate of Jack Wirkus doing…