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PRICE v. PHILLIPS

90 N.J. Super. 480 (1966)

218 A.2d 167

EDWARD L. PRICE, PLAINTIFF-RESPONDENT, v. JOSEPH W. PHILLIPS AND TOWNSHIP OF HOLMDEL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1966.

Attorney(s) appearing for the Case

Mr. James R. Minogue argued the cause for appellants (Messrs. Pillsbury, Carton & Barnacle, attorneys).

Mr. John C. Givens argued the cause for respondent (Messrs. Parsons, Canzona, Blair & Warren, attorneys).

Before Judges SULLIVAN, LEWIS and KOLOVSKY.

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

Defendant Phillips was the chief of the two-man police department of defendant township. This litigation stems from his arrest of plaintiff Edward L. Price on the oral complaint of plaintiff's wife.

Late in the morning of August 23, 1961, following what appears to have been a serious altercation with her husband which had begun during the preceding night, Mrs. Price went to the home of a neighbor,...

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