Franklin Fire Insurance v. Simmons

Motion by the plaintiff to strike out the cross-complaint of the defendants Hertz and Cohen against the defendant Arnold is granted.

The action is one in replevin wherein the plaintiff, as assignee of its insured, seeks to recover from the defendant Maurice Simmons, as property clerk of the Police Department of the City of New York, certain jewelry in his possession alleged to have been stolen from the insured and subsequently recovered by the Police Department of the city. This jewelry had passed through the hands of several other persons from the time that it was stolen until the time that…