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Balip Automotive Repairs Inc. v. Atlantic Casualty Insurance Co.

New Jersey Supreme Court


Decided: May 21, 1951.

BALIP AUTOMOTIVE REPAIRS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ATLANTIC CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT

On appeal from the Superior Court, Appellate Division.

For affirmance -- Chief Justice Vanderbilt and Justices Case, Heher, Oliphant, Wachenfeld, Burling and Ackerson. For reversal -- None.

Per Curiam

[7 NJ Page 153]

The record indicates the testimony in question was willfully and purposely false and substantially affected the results.

It would manifestly be unjust to permit the judgment to stand under these circumstances.

We are in accord with the determination made by the Appellate Division and subscribe to the reasons expressed in its opinion.

The judgment is accordingly affirmed.

19510521


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