BALIP AUTOMOTIVE REPAIRS, INC. v. SCHROEDER


6 N.J. Super. 511 (1949)

69 A.2d 760

BALIP AUTOMOTIVE REPAIRS, INC., A CORPORATION, ETC., PLAINTIFF, v. JOHN SCHROEDER, ATLANTIC CASUALTY INSURANCE COMPANY, A CORPORATION, ETC., AND WILLIAM LEONARD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 30, 1949.


Attorney(s) appearing for the Case

Mr. Louis Steisel, for plaintiff.

Mr. David M. Klausner, for defendant, Atlantic Casualty Insurance Company.


WM. J. BRENNAN, JR., J.S.C.

Defendant, Atlantic Casualty Insurance Company, has applied under Rule 3:60-2(3) for relief from a final judgment in favor of plaintiff entered on a jury verdict. The cited rule authorizes relief on motion when it is established that the final judgment is the product of "fraud (whether heretofore denominated intrinsic or extrinsic)" of an adverse party. The fraud charged here is the alleged perjured testimony of plaintiff's president...

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