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TUMULTY v. HUDSON COUNTY FREEHOLDER BOARD

29 N.J. 163 (1959)

148 A.2d 319

T. JAMES TUMULTY, PLAINTIFF-APPELLANT, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON AND JERSEY CITY STATIONERS CORP., A CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 16, 1959.

Attorney(s) appearing for the Case

Mr. Joseph A. Davis argued the cause for the plaintiff-appellant.

Mr. Maurice A. Walsh, Jr., argued the cause for the defendant-respondent Board of Chosen Freeholders of the County of Hudson (Mr. William F. Kelly, Jr., attorney; Mr. Maurice A. Walsh, Jr., on the brief).

Mr. Victor Ruskin argued the cause for the defendant-respondent Jersey City Stationers Corp.

PER CURIAM.

Plaintiff, a taxpayer, instituted suit attacking the execution and the manner of rescission of the contract sued upon in Jersey City Stationers Corp. v. County of Hudson, 29 N.J. 159 (1958). The trial court dismissed the complaint on the ground that it failed to state a claim upon which relief could be granted. The basis for the trial court's decision was that the action was...

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