KELLEHER v. LOZZI


7 N.J. 17 (1951)

80 A.2d 196

AGNES MELCONIAN KELLEHER, PLAINTIFF-APPELLANT, v. LOUIS LOZZI, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 9, 1951.


Attorney(s) appearing for the Case

Mr. Hyman W. Rosenthal argued the cause for appellant. Mr. Harry Chashin on the brief. (Messrs. Marcus & Levy, attorneys).

Mr. Archibald Kreiger argued the cause for the respondent. (Messrs. Bluestein & Diamond, attorneys).


The opinion of the court was delivered by CASE, J.

The appeal is from an order in the Superior Court, Law Division, Passaic County, striking the complaint and awarding judgment to the defendant against the plaintiff. It comes to us on our own certification.

The case turns on the effect to be given the disposition of an earlier suit arising out of the same state of facts wherein the present defendant was plaintiff and the present plaintiff was defendant. On...

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