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SWIFT & CO. v. SMIGEL

115 N.J. Super. 391 (1971)

279 A.2d 895

SWIFT & COMPANY, A CORPORATION, PLAINTIFF-APPELLANT, v. ERWIN SMIGEL, EXECUTOR OF THE ESTATE OF JOSEPH OSCAR SMIGEL, ALSO KNOWN AS JOSEPH ASHER SMIGEL, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1971.

Attorney(s) appearing for the Case

Mr. Sidney Krieger argued the cause for appellant.

Mr. John J. Baldino argued the cause for respondent (Messrs. Calissi, Gelman, Cuccio & Klinger, attorneys).

Before Judges CONFORD, KOLOVSKY and CARTON.

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

Plaintiff Swift & Company instituted an action in the Superior Court against Erwin Smigel, executor of the estate of Joseph O. Smigel, for $8,509.60, the amount of merchandise it supplied the Pine Haven Nursing Home & Sanitarium, Inc. ("Pine Haven") upon credit. Plaintiff held continuing guaranties by decedent Smigel and third-party defendant Abe Kraig...

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