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DUNCAN v. JUMAN

25 N.J. Super. 330 (1953)

96 A.2d 415

JOSEPH DUNCAN, JR., AN INFANT BY CATHERINE DUNCAN AND JOSEPH DUNCAN, GUARDIANS AD LITEM, PLAINTIFFS-RESPONDENTS, v. NATHAN JUMAN, DEFENDANT-APPELLANT. NATHAN JUMAN, PLAINTIFF-RESPONDENT, v. MADISON BAKING CO., INC., A NEW YORK CORPORATION, DEFENDANT, AND GEORGE SCHWARTZSTEIN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1953.

Attorney(s) appearing for the Case

Mr. Irving Mandelbaum argued the cause for Nathan Juman as plaintiff-respondent and defendant-appellant.

Mr. John F. Leonard argued the cause for George Schwartzstein, defendant-appellant.

Mr. Louis J. Greenberg argued the cause for plaintiffs-respondents Duncan (Mr. Samuel B. Weisenfeld, attorney).

Before Judges McGEEHAN, BIGELOW and JAYNE.

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

The two above-entitled interrelated actions were tried together in the Essex County District Court without a jury, and the trial resulted in the granting of judgments in favor of the plaintiffs in each. The appeals therefrom were consolidated for argument, hence it will be expedient to unite our conclusions in this memorandum.

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