Legal Opinion

Porcelli v. Great Atlantic Pacific Tea Co.

Supreme Court of New Jersey

Decided August 4, 1942PublishedCited by 5 opinions

1Opinion of the Court

The opinion of the court was delivered by

Heher, J.

The complaint charges that Erantz Candies, Inc., manufactured and The Great Atlantic and Pacific Tea Co. sold to plaintiff, Betty Porcelli, deleterious marshmallows, contrary to their warranties that they were reasonably fit for human consumption, and likewise negligence in the premises, to the injury of the named plaintiff, a consumer, and her husband, who sued per quod. Service of the summons and complaint was made upon one Stanley L. Marks as the agent or servant of Erantz Candies, Inc., a foreign corporation; and the service is challenged…

2Cases cited3 opinions

  1. Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917
  2. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  3. Consolidated Textile Corp. v. GregorySupreme Court of the United States · 1933

3Cited by5 opinions

  1. Hopkins v. Kelsey-Hayes, Inc.Court of Appeals for the Third Circuit · 1980
  2. Westerdale v. Kaiser-Frazer Corp.Supreme Court of New Jersey · 1951
  3. Wright v. News Syndicate Co.New Jersey Superior Court Appellate Division · 1955
  4. Roy Hopkins v. Kelsey-Hayes, Inc., Susan Cohn and Walter Cohn, Her Husband, in No. 79-2406, Cross-Appellee in No. 79-2605 v. G. D. Searle & Company, in No. 79-2406, Cross-Appellant in No. 79-2605Court of Appeals for the Third Circuit · 1980
  5. Daoud v. Kleven Investment Co., Inc.New Jersey Superior Court Appellate Division · 1954

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