Legal Opinion

Perth Amboy Dry Dock Co. v. Empire Petroleum Co.

New Jersey Superior Court Appellate Division

Decided May 20, 1960Published

1Opinion of the Court

Pee Cuhiam.

Plaintiff sued defendant upon a $6,600 check. After trial without a jury, the Law Division entered judgment in favor of plaintiff for the amount of the cheek. Defendant appeals.

All of the “questions involved” set down by appellant are argued under two main heads, the first being that the “decision below is contrary to the weight of the evidence,” and the second that “the U. S. District Court had acquired exclusive jurisdiction over the subject matter prior to the institution of this action.”

As to the first ground, the law is clear that “we should not disturb the court’s finding of…

2Cases cited9 opinions

  1. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  2. Fred I. Putnam and James A. Overman v. Harry C. Lower, John Kadlec, George S. Herning, Edgar L. Peecher, William E. Barquist and Norman L. BunkerCourt of Appeals for the Ninth Circuit · 1956
  3. People ex rel. Granger v. Judge of the Wayne Circuit CourtMichigan Supreme Court · 1873
  4. Eagle, Star & British Dominions v. TadlockDistrict Court, S.D. California · 1936
  5. Wolf v. CookU.S. Circuit Court for the District of Eastern Wisconsin · 1889

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