Legal Opinion

Atlantic Northern Airlines, Inc. v. Schwimmer

Supreme Court of New Jersey

Decided April 27, 1953PublishedCited by 232 opinions

1Opinion of the Court

The opinion of the court was delivered by

Heher, J.

The action is in tort for conversion on August 12, 1948 of plaintiff’s DC-4 airplane, NC 58021, and for the value of its use during the succeeding five months. Defendant was a nonresident, and the proceeding was instituted by the issuance of a writ of attachment on June 13, 1949 against two airplanes in defendant’s name, under N. J. 8. A. 2:42-86 et seq., superseded by N. J. 8. 2A :26-l et seq.

The complaint alleged the conversion of the subject airplane and defendant’s subsequent promise "to pay the plaintiff for the use of the aircraft the…

2Cases cited6 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Coca Cola Co. v. Dixi-Cola Laboratories, Inc.District Court, D. Maryland · 1939
  3. Utica City National Bank v. GunnNew York Court of Appeals · 1918
  4. Baum v. LynnMississippi Supreme Court · 1895
  5. Bunker v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1929

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3Cited by232 opinions

  1. Howard University v. BestDistrict of Columbia Court of Appeals · 1984
  2. L.S. Heath & Son, Inc. v. At & T Information Systems, Inc.Court of Appeals for the Seventh Circuit · 1993
  3. Irwin Halper v. Barry HalperCourt of Appeals for the Third Circuit · 1999
  4. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  5. Kearny PBA Local 21 v. Town of KearnySupreme Court of New Jersey · 1979

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