Legal Opinion

Capo v. C-O Two Fire Equipment Co.

District Court, D. New Jersey

Decided October 13, 1950No. C-492-49PublishedCited by 10 opinions

1Opinion of the Court

SMITH, District Judge.

This is a civil action in which the plaintiffs assert a claim for damages which, it is alleged, were occasioned by the defendant’s breach of warranty. The action is before the Court at this time on the motion of the defendant to dismiss the complaint or, in the alternative, to compel the plaintiffs to join certain insurers. The ultimate facts essential to the determination of the question raised by the motion are not disputed.

Facts

The plaintiffs were the owners of certain property, real and personal, which was covered by several policies of insurance which insured the…

2Cases cited17 opinions

  1. Souffront v. La Compagnie Des Sucreries De Porto RicoSupreme Court of the United States · 1910
  2. National Garment Co. v. New York, C. & St. LR Co.Court of Appeals for the Eighth Circuit · 1949
  3. Hudson Transit Corp. v. AntonucciSupreme Court of New Jersey · 1948
  4. Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928
  5. Automobile Ins. Co. of Hartford v. Springfield Dyeing Co.Court of Appeals for the Third Circuit · 1940

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Oliver B. Cannon & Son, Inc. v. Fidelity & Casualty Co.District Court, D. Delaware · 1981
  2. Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
  3. Bussell v. DeWalt Products Corp.New Jersey Superior Court Appellate Division · 1992
  4. Furrer v. Yew Creek Logging Co.Oregon Supreme Court · 1956
  5. Gould v. WeibelSupreme Court of Florida · 1952

5 more not listed; retrieve them via the Exa API.

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