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Cosgrove v. Ellenstein

New Jersey Supreme Court


Decided: January 10, 1935.

JOHN F. COSGROVE, PLAINTIFF-APPELLANT,
v.
HILDA ELLENSTEIN, DEFENDANT-RESPONDENT

On appeal from the New Jersey Supreme Court, Essex Circuit.

For the plaintiff-appellant, Joseph C. Paul.

For the defendant-respondent, James F. X. O'Brien.

[114 NJL Page 155]

PER CURIAM.

Plaintiff and defendant were, by jury verdict and judgment, held liable in damages to another as joint tort feasors. Plaintiff paid the judgment and seeks contribution from the defendant. The court below struck the complaint upon the ground that it did not disclose a cause of action. Judgment for defendant. Plaintiff appeals.

The single question is whether the courts will assist one joint tort feasor to obtain contribution from another. The answer, in this state, is clearly and definitely in the negative. Public Service v. Matteucci, 105 N.J.L. 114; Manowitz v. Kanov, 107 Id. 523; Newman v. Fowler, 37 Id. 89; Fiorentino v. Adkins, 9 N.J. Mis. R. 446.

Judgment affirmed.

For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.

For reversal -- None.

19350110


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