MURPHY v. MORRIS


12 N.J. Super. 544 (1951)

80 A.2d 128

J. RAYMOND MURPHY, PLAINTIFF, v. STANLEY J. MORRIS, SIDNEY STARR, SOPHYE MORRIS, AND GLOUCESTER SPINNING CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 26, 1951.


Attorney(s) appearing for the Case

Mr. Barney B. Brown, attorney for plaintiff.

Mr. Irvin M. Lichtenstein, attorney for defendants.


HANEMAN, J.S.C.

This is a motion to dismiss the complaint on the following grounds: (1) the plaintiff is barred, having elected his remedy in a prior suit in the Superior Court of New Jersey, Chancery Division, Camden County, entitled J. Raymond Murphy, plaintiff, v. Gloucester Spinning Corporation of New Jersey, defendant; (2) the action herein, insofar as it seeks rescission for fraud, was not timely brought; (3) the contract involved herein provides for...

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