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HOAGLAND v. SPRINGER

74 N.J. Super. 275 (1962)

181 A.2d 193

ELMER HOAGLAND, PLAINTIFF, v. WILLIAM C. SPRINGER, CUMMINS ENGINE COMPANY, INC., A CORPORATION OF THE STATE OF INDIANA, CUMMINS DIESEL MICHIGAN, INC., A CORPORATION OF THE STATE OF MICHIGAN, AND CUMMINS DIESEL METROPOLITAN, INC., A CORPORATION OF THE STATE OF DELAWARE DULY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 25, 1962.

Attorney(s) appearing for the Case

Mr. Francis M. Seaman argued the cause for plaintiff (Messrs. Seaman and Clark, attorneys).

Mr. Leroy H. Mattson argued the cause for defendant William C. Springer (Messrs. Troast, Mattson & Madden, attorneys).

Mr. Baruch S. Seidman argued the cause for defendant Cummins Engine Company, Inc. (Messrs. Burton, Seidman and Burton, attorneys).

Mr. Herman D. Michels argued the cause for defendant Cummins Diesel Michigan, Inc. (Messrs. Toner, Crowley, Woelper and Vanderbilt, attorneys).

Mr. Ishmael Sklarew for defendant Cummins Diesel Metropolitan, Inc.

HALPERN, A.J.S.C. (orally delivered).

With respect to the motions I have just heard, it should be noted that I have read and considered all of the pleadings, the affidavits filed in connection with the motions, the depositions taken, and the briefs filed by all of the parties. I also have now considered the arguments of counsel.

It is undisputed, and I find, that during the month of March 1960, the defendant Springer, a New Jersey resident, owned a conventional...

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