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N. ROTHENBERG & SON, INC. v. NAKO

49 N.J. Super. 372 (1958)

139 A.2d 783

N. ROTHENBERG & SON, INC., PLAINTIFF-RESPONDENT, v. ROBERT NAKO, T/A R. & N. TRUCK LEASING COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Mr. John Tomasin argued the cause for defendant-appellant (Mr. Victor P. Mullica, attorney).

Mr. Louis Adler argued the cause for plaintiff-respondent (Messrs. Adler & Adler, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The defendant appeals from a judgment of the Hudson County District Court in an action by plaintiff for the loss of certain goods when a tractor-trailer, registered in the name of the defendant, but operated by one Tatsya Ariyasu, was involved in an accident. The driver was killed and the goods damaged as a result of the accident. The complaint is in two counts. The first alleges breach of the contractual obligation...

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