Cosgrove v. Ellenstein

176 A. 178, 114 N.J.L. 155, 1935 N.J. LEXIS 197

• Court: Supreme Court of New Jersey
• Decided: January 10, 1935
• Status: Published

Opinion

Pee Cubiam.

Plaintiff and defendant were, by jury verdict and judgment, held liable in damages to another as joint tort feasors. Plaintiff paid the judgment and seeks contribution from the defendant. The court below struck the complaint upon the ground that it did not disclose a cause of action. Judgment for defendant. Plaintiff appeals.

The single question is whether the courts will assist one joint tort feasor to obtain contribution from another. The answer, in this state, is clearly and definitely in the negative. Public Service v. Matteucci, 105 N. J. L. 114; Manowitz v. Kanov, 107 Id. 523; Newman v. Fowler, 37 Id. 89; Fiorentino v. Adkins, 9 N. J. Mis. R. 446.

Judgment affirmed.

For affirmance — The Chancelloe, Chief Justice, Paexeb, Lloyd, Case, Bodine, Donges, Heheb, Pebsiiie, Yaw Buseiek, Kays, Hetfield, Deab, Wells, JJ. 14.

For reversal — None.