Leith v. Horgan

24 N.J. Super. 516 (1953)

95 A.2d 15

WALTER M. LEITH AND HIS WIFE, PLAINTIFFS-APPELLANTS,

v.

ANDREW B. HORGAN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Argued January 26, 1953.

Decided February 18, 1953.

Before Judges EASTWOOD, BIGELOW and JAYNE.

Mr. Edward Schoen, Jr., argued the cause for the appellants (Mr. Rodman C. Herman, on the brief).

Mr. Charles S. Barrett, Jr., argued the cause for the respondent (Messrs. Lum, Fairlie & Foster, attorneys).

The opinion of the court was delivered by BIGELOW, J.A.D.

The complaint was dismissed by summary judgment in the Chancery…