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NUSSER v. UNITED PARCEL SERVICE OF N.Y., INC.

3 N.J. Super. 64 (1949)

65 A.2d 549

OTTO NUSSER, SR., PLAINTIFF-RESPONDENT, v. UNITED PARCEL SERVICE OF NEW YORK, INC., A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 1949.

Attorney(s) appearing for the Case

Mr. Leslie S. Kohn (Mr. Harvey A. Lieb, attorney; Mr. Maurice J. McKeown, of counsel) argued the cause for the plaintiff-respondent.

Mr. John W. Taylor argued the cause for the defendant-appellant.

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by EASTWOOD, J.A.D.

Defendant appeals from an adverse judgment entered in favor of plaintiff for $15,000, with costs, as the result of a jury trial before the Law Division of the Essex County Court. It asserts as its grounds of appeal: (1) "The jury verdict is contrary to the weight of the evidence;" (2) that the amount of the verdict is excessive and (3) that a "Partnership expenditure is not an element of plaintiff's damage...

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