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CLARKSON v. KELLY

49 N.J. Super. 10 (1958)

138 A.2d 747

MARY CLARKSON, PLAINTIFF-APPELLANT, v. JOHN R. KELLY AND ELSIE M. KELLY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1958.

Attorney(s) appearing for the Case

Mr. Joseph S. Slowinski argued the cause for plaintiff-appellant (Mr. Rodman C. Herman, attorney and on the brief).

Mr. Emil W.A. Schumann, defendant's attorney, argued the cause for defendants-respondents (Mr. Richard A. McGrath, on the brief).

Before Judges CLAPP, JAYNE and SCHETTINO.

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

Plaintiff appeals from a judgment of the Chancery Division, Superior Court, vacating an order of voluntary dismissal without prejudice, entering a judgment of $1,000 less costs in favor of defendant based upon an alleged settlement of the cause of action and vacating a writ of attachment.

Plaintiff's action was upon a contract in the sale of certain airplane parts, for an accounting by the defendant...

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