Breen v. Peck

28 N.J. 351 (1958)

146 A.2d 665

JOHN J. BREEN, PLAINTIFF-RESPONDENT,

v.

HARRY G. PECK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Argued October 20, 1958.

Decided December 1, 1958.

Mr. Aaron W. Nussman argued the cause for the appellant (Mr. Maurice S. Austin, attorney).

Mr. William E. Sandmeyer argued the cause for the respondent.

The opinion of the court was delivered by JACOBS, J.

The Appellate Division, in an opinion by Judge Clapp reported at 48 N.J. Super. 160 (1957), reversed the action of the Bergen County Court which had granted the defendant's motion for summary judgment and had…