Legal Opinion
Rybasack v. Travelers Insurance
Supreme Court of New Jersey
Decided February 4, 1937PublishedCited by 3 opinions
1Opinion of the Court
Oliphant, C. C. J.
This matter is before me, sitting as a Supreme Court commissioner, on a motion to strike the complaint on the grounds that it is in part sham, in part frivolous and that it does not state a good cause of action against .the defendant.
The suit instituted by the plaintiff is a common informer’s action in which the plaintiff claims damages under and by virtue of sections 1 and 2 of chapter 168 of the laws of 1895 (2 Comp. Stai., p. 2876, § 117), as amended by chapter 167 of the laws of 1927. Supp. Comp. Stat. 1925-1930, p. 867, § 99-121. Section 1 reads as follows:
“No life…
2Cases cited5 opinions
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Aetna Life Insurance v. DunkenSupreme Court of the United States · 1925
- Fidelity & Deposit Co. of Md. v. TafoyaSupreme Court of the United States · 1926
- People Ex Rel. Kirkman v. Van AmringeNew York Court of Appeals · 1935
- Smelker v. ScottTexas Commission of Appeals · 1926
3Cited by3 opinions
- Retail Clerks Welfare Fund, Local No. 1049 v. Cont'l Cas.New Jersey Superior Court Appellate Division · 1961
- Veal v. Interstate Fire and Casualty CompanySupreme Court of Louisiana · 1976
- Cohen v. Prudential Ins. Co.New Jersey Superior Court Appellate Division · 1959