American News Co. v. Helm's New York-Pittsburgh Motor Express, Inc.

.Powers, J.

Plaintiffs move to strike out an affirmative defense that they are not the real parties in interest. The issue involves that frequently presented to our courts in recent years arising out of insurance coverage, insurance payments and so-called “ loans ” on claims.

The situation herein, of which the instance of the plaintiff American News Co., Inc., is cited as typical of all of the plaintiffs, is that it received from its insurance company the sum of $752.42 covering the value of the merchandise destroyed but in the form of a “ loan ”. The check for such sum bore the following…