SCHIMEK v. GIBB TRUCK RENTAL AGENCY


69 N.J. Super. 590 (1961)

174 A.2d 641

JOSEPH SCHIMEK AND ESSO STANDARD OIL COMPANY, A CORPORATION, PLAINTIFFS-APPELLANTS, v. THE GIBB TRUCK RENTAL AGENCY, ALSO KNOWN AS THE GIBB AGENCY, DEFENDANT-RESPONDENT, AND AMERICAN RUG CLEANING CO., INC., AND JUNIUS GILLETTE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 20, 1961.


Attorney(s) appearing for the Case

Mr. Abraham P. Bab argued the cause for appellants.

Mr. Edward C. Hillis argued the cause for respondent (Messrs. Marley, Winkelried & Hillis, attorneys).

Before Judges GOLDMANN, FOLEY and LEWIS.


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

Plaintiffs appeal from a judgment in favor of defendant, Gibb, entered in the County District Court on an agreed statement of facts.

Although impleaded, neither American Rug Cleaning Co., Inc. nor Gillette was before the court, plaintiffs having been under restraint from proceeding against American by an order of the Chancery Division appointing a custodial receiver for that firm, and Gillette not having...

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