Iaria v. Public Service Mutual Insurance Co.

The opinion of the court was delivered by

Schettiko, J.

Plaintiff appealed from a Superior Court, Law Division judgment of "no cause of action.” Prior to hearing in the Appellate Division, we certified the cause on our own motion.

The case was tried on stipulation of facts. On September 11, 1957 plaintiff instituted an action by capias ad respondendum against Vincent Gramuglia. That suit stemmed from an atrocious assault and battery. On September 27, 1957 Gramuglia, with defendant as surety, entered into a recognizance of bail in the sum of $5,000 and was then released. N. J. S. 2A:15—43; R. R.…