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MOSS v. JONES

93 N.J. Super. 179 (1966)

225 A.2d 369

FRANK A. MOSS, PLAINTIFF-APPELLANT, v. ROBERT P. JONES, DEFENDANT-RESPONDENT, AND LANGER TRANSPORT CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1966.

Attorney(s) appearing for the Case

Mr. Charles A. Cohen argued the cause for appellant (Messrs. Supnick and Bezich, attorneys).

Mr. Michael A. Orlando argued the cause for respondent (Mr. Samuel P. Orlando, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

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

Is a plaintiff precluded from proceeding with a separate personal injury negligence suit against an alleged principal by reason of his having sued the alleged agent alone in a prior action, wherein he obtained a judgment against the alleged agent, which remains unsatisfied? The trial court ruled that he was and granted a pretrial motion dismissing the suit against the alleged principal. Plaintiff appeals from...

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