YEARICKS v. CITY OF WILDWOOD


23 N.J. Super. 379 (1952)

92 A.2d 873

ELEANOR YEARICKS, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF MARSHALL YEARICKS, DECEASED, PLAINTIFF, v. CITY OF WILDWOOD, A MUNICIPAL CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF, AND ATLANTIC CITY ELECTRIC COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT, v. AUGUST C. SCHULTES, SR., AUGUST C. SCHULTES, JR., JAMES F. SCHULTES AND MARY E. SCHULTES, T/A A.C. SCHULTES & SONS, AND THE NEW AMSTERDAM CASUALTY COMPANY, A CORPORATION OF THE STATE OF NEW YORK, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 15, 1952.


Attorney(s) appearing for the Case

Mr. Maurice Y. Cole for the motion (Messrs. Cole and Cole, attorneys).

Mr. Horace G. Brown, attorney for the plaintiff, opposed.


WOODS, J.S.C.

Defendant City of Wildwood argues to add August C. Schultes, Sr., August C. Schultes, Jr., James F. Schultes and Mary E. Schultes, t/a A.C. Schultes & Sons, and the New Amsterdam Casualty Company as third-party defendants. The court heard counsel orally, Mr. Koury appearing for Cole and Cole and Mr. Connery for Horace G. Brown, and suggested briefs which later were filed.

The present case arises out of a suit instituted by the personal representative...

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