Wagg v. Hall

WEINER, District Judge.

MEMORANDUM OPINION

Petitioner Kay-Line, Inc., requests the setting aside of a default judgment entered against it on January 9, 1965, for liability up to a possible $100,000 on a claim for personal injury involving one of its trucks. In support of its petition Kay-Line alleges the failure of the Philadelphia office of its insurer, Aetna Casualty and Surety Company, to receive notice of the summons and complaint in the ‘ original action from Aetna’s New York office. “For that reason and that reason alone,” petitioner alleges, it failed to appear and suffered the default…