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KELLEHER v. DETROIT MOTORS

52 N.J. Super. 247 (1958)

145 A.2d 335

FRANCIS KELLEHER, PLAINTIFF-RESPONDENT, v. DETROIT MOTORS, A CORPORATION, DEFENDANT-APPELLANT, AND DON ORLEY, ALSO KNOWN AS DONALD ORLOWSKI, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1958.

Attorney(s) appearing for the Case

Mr. Joseph Coult argued the cause for appellant (Messrs. Coult and Schoenholz, attorneys).

Mr. Arthur C. Gillette argued the cause for plaintiff-respondent.

Before Judges PRICE, SCHETTINO and GAULKIN.

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

Plaintiff recovered a judgment for $4,000 against Detroit Motors and Don Orley, its salesman. When the complaint was served upon Orley it contained only the first count hereafter mentioned, which sought compensatory damages of $2,350.76. Orley failed to file an answer. Thereafter the complaint was amended to add a second count which demanded $10,000 punitive damages. The amended complaint was never served upon...

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