Curry v. Napolitano

Opinion by

Mr. Justice Allen M. Stearns,

The question raised in this appeal by an insurance carrier in a trespass action is whether or not the court below abused its discretion in refusing to open a default judgment unless counsel for defendant filed a statement of his willingness to defend the action to final judgment.

Peter P. Curry and his wife Josephine, the plaintiffs, instituted an action in trespass against Frank A. Napolitano, defendant, for injuries received by wife-plaintiff in an automobile accident due to tbe alleged negligence of defendant. Irving W. Coleman, Esq., is counsel for…