Hartford Accident & Indemnity Co. v. Benevento

Leyden, 0. 0. J.

Defendant’s motion, the equivalent of a special demurrer, is to strike the complaint upon the ground —variously stated—of its insufficiency in law. The complaint is brief and is as follows:

“First Count

“Plaintiff, a Connecticut corporation authorized to do business in the State of New Jersey says:

“1. On November 17th, 1943, one George Mabie was employed by The Hackensack Trust Company, a banking corporation, as a Paying Teller.

“2. As such Paying Teller the said George Mabie had the custody of certain monies belonging to The Hackensack Trust Company.

“3. Between November 17th,…