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KELLEY v. HICKS

9 N.J. Super. 266 (1950)

76 A.2d 23

JAMES F. KELLEY, ADMINISTRATOR AD PROSEQUENDUM OF THERESA KELLEY, DECEASED, PLAINTIFF-APPELLANT, v. ROOSEVELT HICKS AND JOHN HICKS, TRADING AS HICK'S AUTO BODY SHOP, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1950.

Attorney(s) appearing for the Case

Mr. Joseph Tomaselli argued the cause for the appellant (Messrs. Malandra & Tomaselli, attorneys).

Mr. S.P. McCord, Jr., argued the cause for the respondents (Messrs. Starr, Summerill & Davis, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The plaintiff's action sought recovery from Roosevelt Hicks, individually, and Roosevelt Hicks and John Hicks, partners, trading as Hick's Auto Body Shop. At the close of his case a motion to dismiss the action against the partners was granted, and the cause proceeded and a verdict was rendered against Roosevelt Hicks, individually. The plaintiff appeals from the judgment of dismissal in favor of Roosevelt...

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