Berry v. Travelers Insurance

Portee, C. C. J.

Motion before me, as Supreme Court commissioner, is to strike the complaint on the allegation that it is in part sham and in part frivolous.

It appears that on May 15th, 1933, there was a collision between an automobile owned by William Berry and driven by Bernice Berry, both plaintiffs herein, and an automobile truck owned by Abbotts Dairies, Incorporated, and driven by Edward A Moncovage. As a result, Mrs. Berry was injured and Mr. Berry’s automobile was damaged. Suit was instituted in the Esses County Circuit Court against the Abbotts Dairies, Incorporated, and Moncovage for…