Bouleris v. Cherry-Burrell Corp.

Motion to vacate a ‘vouching-in notice.”

This motion is made in behalf of the Atlantic Mutual Insurance Company which had an automobile liability insurance policy on a truck. The owner of the truck sent the same, in charge of his son, to the premises of the P. S. Dubrey Trucking Co., Inc., at Cohoes, N. Y., to pick up a piece of machinery he had ordered from the Cherry-Burrell Corporation, which is the defendant in this action. The plaintiff, Bouleris, was employed by the P. S. Dubrey Company as a frieght handler and checker. The complaint alleges that the piece of machinery mentioned was not…