TEMPLETON v. SCUDDER


16 N.J. Super. 576 (1951)

85 A.2d 292

SAMUEL TEMPLETON, PLAINTIFF-APPELLANT, v. BENJAMIN C. SCUDDER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 1951.


Attorney(s) appearing for the Case

Mr. David Cohn argued the cause for appellant.

Mr. Harry E. Walburg argued the cause for respondent (Messrs. Cox & Walburg, attorneys).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


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

On a motion for summary judgment the judge of the Law Division resolved that this action was not maintainable in that its subject matter was res adjudicata. An accordant judgment was entered, the legal propriety of which we are requested to review.

The following pronouncement is familiar: "But a matter is not res adjudicata unless there be identity of the thing sued for, of the cause of...

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