A & S MANUFACTURING CO., INC. v. WETZLER


110 N.J. Super. 565 (1970)

266 A.2d 316

A & S MANUFACTURING CO., INC., A NEW YORK CORPORATION, PLAINTIFF, v. RICHARD WETZLER AND PAUL SMITH, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided June 15, 1970.


Attorney(s) appearing for the Case

Mr. Robert K. Hartmann for plaintiff (Messrs. Hartmann and Brooks, attorneys).

Mr. George B. Gelman for defendant, Richard Wetzler, (Messrs. Calissi, Gelman, Cuccio and Klinger, attorneys; Mr. Joel L. Shain, on the brief).


MOUNTAIN, J.S.C.

The question before the court is whether defendant Richard Wetzler was properly served in this action. Service was pursuant to R. 4:4-4(a), which permits service upon an individual "by leaving a copy [of the summons and complaint] at his dwelling house or usual place of abode * * *" (emphasis added).

Substituted or constructive service is in derogation of the general common law requirement that there be personal service. Kurilla...

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