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TINO v. STOUT

90 N.J. Super. 395 (1966)

217 A.2d 885

ANNA TINO AND PELLEGRINO TINO, PLAINTIFFS-APPELLANTS, v. ROBERT F. STOUT, DEFENDANT-RESPONDENT, AND FRANCES LONG, ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1966.

Attorney(s) appearing for the Case

Mr. Richard B. McGlynn argued the cause for plaintiffs-appellants (Mr. William E. McGlynn, attorney).

Mr. Rodman C. Herman argued the cause for defendant-respondent (Messrs. Whiting, Moore, Hunoval & Herman, attorneys).

Before Judges GAULKIN, LABRECQUE and BROWN.

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

On December 29, 1954 plaintiffs recovered a judgment of $8,174.95 and costs against Stout and the Longs for injuries arising out of an accident. The Longs were not insured. In March 1955 Stout's insurance company paid plaintiffs $5,083.14, the full amount of its policy and the costs. Plaintiffs were unable to find Stout to collect anything more from him. Long earned a meager salary, inadequate

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