ZWILLENBERG v. POST

No. 13577.

293 F.2d 199 (1961)

Rose ZWILLENBERG and Nathan Zwillenberg, Appellants, v. Beckie POST, Individually and Trading as Capitol Mansion, of Ferndale, New York, Defendant.

United States Court of Appeals Third Circuit.

Decided July 21, 1961.


Attorney(s) appearing for the Case

Frank S. Katzenbach, 3d, Trenton, N. J. (Katzenbach & Salvatore, Trenton, N. J., on the brief), for appellants.

No appearance for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The only question presented by this appeal is whether the tolling provision of the New Jersey statute of limitations, N.J.S.A. 2A:14-22, can be invoked by plaintiffs to allow maintenance of a personal injury action otherwise barred by the statute. The district court held that since the cause of action arose outside of New Jersey and plaintiffs are not residents of New Jersey, the tolling provision was inapplicable. Bookman v. R. J. Reynolds...

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