From Casetext: Smarter Legal Research

Fidelity & Casualty Co. v. Tar Asphalt Trucking Co.

United States District Court, D. New Jersey
Oct 11, 1939
30 F. Supp. 216 (D.N.J. 1939)

Opinion

October 11, 1939.

Melvin L. Weisbart, of Jersey City, N.J., for plaintiff.

John J. Corcoran, Jr., of Jersey City, N.J., for defendants.


Upon a study of the briefs in the above entitled matter I have come to the conclusion that the plaintiff is entitled to inspection of copies of the Social Security records, Unemployment Compensation records and Income Tax records of the defendants.

It appears from the evidence before me that the books kept by the defendants do not furnish sufficient information as to whether or not the full amount of premiums has been paid, and while there are no cases cited in the briefs in this jurisdiction, it appears that the production and inspection of the documents above mentioned has been allowed in like cases in New York. I refer to Ocean Accident and Guaranty Corp. v. Marcus Contracting Co., 226 App. Div. 789, 234 N.Y.S. 854; Globe Indemnity Company v. Saggese-Strunsky, Inc., 236 App. Div. 828, 259 N.Y.S. 972, and other cases which are cited in plaintiff's brief, together with the case of Great American Indemnity v. Aurora Construction Co. Inc. decided in the New York Supreme Court, New York County, Special Term, Part I in August, 1939, which was referred to in a letter from plaintiff's attorney dated September 26, 1939.

No opinion for publication.

An order will be entered in conformity herewith.


Summaries of

Fidelity & Casualty Co. v. Tar Asphalt Trucking Co.

United States District Court, D. New Jersey
Oct 11, 1939
30 F. Supp. 216 (D.N.J. 1939)
Case details for

Fidelity & Casualty Co. v. Tar Asphalt Trucking Co.

Case Details

Full title:FIDELITY CASUALTY CO., Inc., v. TAR ASPHALT TRUCKING CO., Inc., et al

Court:United States District Court, D. New Jersey

Date published: Oct 11, 1939

Citations

30 F. Supp. 216 (D.N.J. 1939)

Citing Cases

State ex Rel. Cummings v. Witthaus

State ex rel. Iron Fireman Corp. v. Ward, 351 Mo. 761, 173 S.W.2d 920. (6) In determining whether or not the…

Paramount Film Distributing Corp. v. Ram

The Court granted the motion "* * * upon the ground that the copies, although constituting communications…