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NATIONAL STATE BANK v. RAPP

90 N.J. Super. 300 (1966)

217 A.2d 325

NATIONAL STATE BANK OF NEWARK, NEWARK, N.J., A BANKING ASSOCIATION OF THE UNITED STATES, PLAINTIFF-RESPONDENT, v. RICHARD (FIRST NAME BEING FICTITIOUS AND UNKNOWN) RAPP, INDIVIDUALLY AND TRADING AS R. RAPP WELDING & DIESEL SERVICE AND JOHN DOE BEING THE ONE IN POSSESSION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 18, 1966.

Attorney(s) appearing for the Case

Mr. John E. Hughes argued the cause for appellant.

Mr. A. Albert Eichler argued the cause for respondent.

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

We find that the crawler tractor in issue, also referred to as a bulldozer, upon which defendant Rapp made repairs, is a "motor vehicle" within the meaning of the Garage Keepers and Automobile Repairmen's Act, N.J.S. 2A:44-20 et seq., and that Rapp was a "garage keeper" within the statutory definition, N.J.S. 2A:44-20. He admittedly was in the business of welding and diesel service and had a fixed place used in his repair business...

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