Opinion
Submitted October 26, 1934 —
Decided January 10, 1935.
A joint tort feasor, who pays a judgment rendered against him and another, will not be aided by the courts in obtaining contribution from the other defendant.
On appeal from the New Jersey Supreme Court, Essex Circuit.
For the plaintiff-appellant, Joseph C. Paul.
For the defendant-respondent, James F.X. O'Brien.
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 CHANCELLOR, CHIEF JUSTICE, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.
For reversal — None.