Opinion
Argued December 16, 1963 —
Decided May 4, 1964
Mr. Isidor Kalisch argued the cause for respondent-appellant, by its insurance carrier, New Jersey Manufacturers Casualty Insurance Company.
Mr. Robert J.S. McCoid argued the cause for respondent, by its insurance carrier, Insurance Company of North America ( Messrs. Schneider Morgan, attorneys; Mr. Henry G. Morgan, of counsel; Mr. Stanley J. Perwin, on the brief). Mr. Seymour B. Jacobs argued the cause for petitioner-respondent and limited appellant ( Messrs. Balk Jacobs, attorneys; Mr. Seymour B. Jacobs, of counsel and on the brief).
The opinion of the court was delivered
This is a companion case to Bond v. Rose Ribbon Carbon Mfg. Co., 42 N.J. 308 (1964). Both matters accompanied each other through the various proceedings. We granted the petition to appeal from the judgment of the Appellate Division, 40 N.J. 499. Their marked factual-legal similarity obviates the necessity of separate treatment, and we conceive that what we have said in Bond applies with equal force here.
We therefore affirm for the reasons stated by the Appellate Division in Bond v. Rose Ribbon Carbon Mfg. Co., 78 N.J. Super. 505 ( App. Div. 1963), subject to our additional statements contained in Bond, 42 N.J. 308 , including those pertaining to costs, fees and interest.
Affirmed subject as aforesaid.
For affirmance — Chief Justice WEINTRAUB, and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 7.
For reversal — None.