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RUSSELL v. FRED G. POHL CO.

7 N.J. 32 (1951)

80 A.2d 191

EDWARD E. RUSSELL AND MONICA RUSSELL, CO-PARTNERS TRADING AS EDWARD E. RUSSELL COMPANY, PLAINTIFFS-APPELLANTS, v. FRED G. POHL COMPANY, DEFENDANT, AND AMERICAN TYPE FOUNDERS, INC., RESPONDENT.

The Supreme Court of New Jersey.

Decided April 16, 1951.

Attorney(s) appearing for the Case

Mr. John Milton, Jr., argued the cause for appellants. Mr. Charles Gildea on the brief. Messrs. Milton, McNulty & Augelli, attorneys.

Mr. William H. Osborne, Jr., argued the cause for respondent. Messrs. Pitney, Hardin & Ward, attorneys.

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

The essential question here is whether the respondent American Type Founders, Inc., is under a duty to satisfy plaintiffs' judgment by default in attachment, in these circumstances:

On March 15, 1946, a writ of attachment issued out of the former Supreme Court under R.S. 2:42-1, et seq., at the suit of the plaintiffs against the defendant Fred G. Pohl...

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