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

D. New Jersey

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

30 F. Supp. 216, 1939 U.S. Dist. LEXIS 1994

CourtDistrict Court, D. New Jersey

DecidedOctober 11, 1939

StatusPublished

Cited by5 cases

This text of 30 F. Supp. 216 (Fidelity & Casualty Co. v. Tar Asphalt Trucking Co.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fidelity & Casualty Co. v. Tar Asphalt Trucking Co., 30 F. Supp. 216, 1939 U.S. Dist. LEXIS 1994 (D.N.J. 1939).

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Opinion

FAKE, District Judge.

Upon a study of the briefs in the above entitled matter I have come to the1 conclusion that the plaintiff is entitled, to inspection of copies of the Social Security records, Unemployment Compensation rec[217]*217ords 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.¹ 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.

An order will be entered in conformity herewith.

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FAKE, District Judge.

Upon a study of the briefs in the above entitled matter I have come to the1 conclusion that the plaintiff is entitled, to inspection of copies of the Social Security records, Unemployment Compensation rec[217]*217ords 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.¹ 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.

An order will be entered in conformity herewith.

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30 F. Supp. 216, 1939 U.S. Dist. LEXIS 1994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-casualty-co-v-tar-asphalt-trucking-co-njd-1939.

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