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THEOBALD v. KENNEY'S SUBURBAN HOUSE, INC.

48 N.J. 203 (1966)

225 A.2d 10

ROBERT THEOBALD, PLAINTIFF-APPELLANT, v. KENNEY'S SUBURBAN HOUSE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 5, 1966.

Attorney(s) appearing for the Case

Mr. Frank E. Vittori argued the cause for appellant (Mr. John H. Reiners, Jr., attorney).

Mr. Michael Patrick King argued the cause for respondent (Messrs. Kisselman, Devine, Deighan and Montano, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

The trial court held that a claimant who received satisfaction of a judgment against one tortfeasor was thereby barred from suing a co-tortfeasor. Plaintiff appealed and we certified the cause before argument in the Appellate Division.

I

This is the third appeal before us arising out of an accident which happened this way: A car driven by one Anderson...

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