Home Insurance Company v. Sormanti Realty Corp.

This is a bill in equity brought to expurgate from the record of an action at law in the superior court the entry of a nonsuit and judgment entered thereon, and to reinstate the case for trial. Although the pleadings in the instant cause were closed before the effective date of the new rules of civil procedure, the hearing was held thereafter. In these circumstances we will use the terminology of the new rules in reviewing the plaintiffs’ appeal from a judgment entered for the defendant.

In 1955, plaintiffs were the insurers of Angolano, Inc., a Rhode Island corporation engaged in the…