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PICKER v. CITY OF BAYONNE

33 N.J. 390 (1960)

165 A.2d 182

MORRIS PICKER, PLAINTIFF-APPELLANT, v. THE CITY OF BAYONNE, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 7, 1960.

Attorney(s) appearing for the Case

Mr. David L. Maltz argued the cause for plaintiff-appellant.

Mr. Bart R. Boyle argued the cause for defendant-respondent Frank Carpenter, trading as Frank Carpenter Company.

Mr. William Rubin argued the cause for defendants-respondents City of Bayonne and Jacob Drogin.

PER CURIAM.

We agree with the conclusion of the Appellate Division that the judgment of the trial court should be affirmed, but believe the basis of decision should be somewhat different.

Plaintiff's judgment was for an antecedent debt of the contractor having no connection with the latter's contract with the city. More than three months before plaintiff's execution levy on moneys due or to become due from the city to the contractor, the city terminated the...

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