Elliott v. Great Atlantic & Pacific Tea Co.

This is a motion made by the defendant to vacate a warrant of attachment or, in the alternative, reduce the amount thereof and increase plaintiff’s bond. It is well to recite the facts in the case.

Plaintiff, a resident of the State of New Jersey, a truck driver, allegedly was injured by a falling clock in one of the defendant’s stores on December 14, 1955. An action for personal injuries was commenced by the service of a summons and complaint on June 20,1957 which was answered by the defendant on June 28, 1957 together with a request for a bill of particulars. The plaintiff served the bill of…