Silver v. Wycombe, Meyer & Co.

OPINION OF THE COURT

David B. Saxe, J.

This action by an insurance company, as subrogee, to recover proceeds paid to its insured, Martin Silver, was tried before the court on stipulated facts.

Plaintiff, through his agent, Elsie Simpson, an interior decorator, ordered custom furniture from defendant Wycombe, Meyer & Co., Inc. (Wycombe). The furniture was manufactured by codefendant Jackson-Allen Upholstery Corp. (Jackson-Allen), a subsidiary of defendant Wycombe, at its factory in Catasauqua, Pennsylvania. On or about February 23, 1982, Wycombe sent invoices to plaintiff advising that the…