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Strohmeyer v. Borough of Little Ferry

Henry W. Strohmeyer, Appellant, v. Borough of Little Ferry, Respondent

Strohmeyer v. Borough of Little Ferry, 56 A.2d 885 (N.J. 1948)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
January 29, 1948
Judges
Bodine
Citations
56 A.2d 885136 N.J.L. 4851948 N.J. LEXIS 259
Cited by 14

Opinion of the Court — Bodine

The opinion of the court was delivered by Bodine, J.

The appellant in this ease had been a police officer in the Borough of Little Eerry. On December 4th, 1945, he was suspended pending his trial on charges preferred against him. On September 9th, 1946, lie tvas given a trial and was found not guilty. The present action was for salary for the period from December 4th, 1945, to September 9th, 1946. The complaint was struck by the learned Judge of the Circuit Court and this action is before us on this appeal.

The right to suspend, pending a trial on charges, is granted by statute, R. S.

40:47-6. Under R. S.

40:46-34, it is provided that where a policeman or fireman has been illegally dismissed and such dismissal has been declared judicially illegal, the fireman or policeman shall be entitled to recover the salary of his office or employment for the period covered by the illegal dismissal. Dad the legislature also provided for recovery where a police officer was illegally suspended, the appellant’s right to recovery in this case would have been clear; but since no such right has been granted we are obliged to find that the ruling of the learned trial judge in striking *486 the complaint was in all respects proper.

Sganga v. Teaneck Township, 130 N. J. L.

218. In that case the authorities are collected. Apart from statute that there is no right of recovery for a salary not earned seems clear.

The judgment under appeal will be affirmed.

For affirmance — The Chancellor, Chief Justice, Bodine, Donges, Heher, Colie, Wachenfeld, Eastwood, Burling, Wells, Dill, Freund, McLean, Schettino, JJ. 14.

For reversal — None.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1950: 11955: 11956: 21960: 11961: 11965: 21981: 11983: 12001: 419502026peak 2001 · 4

Relies on it most ⓘ

  1. State v. International Federation of Professional & Engineers, Local 195780 A.2d 525 (N.J. 2001)
  2. State v. INTERN. FED., LOCAL780 A.2d 525 (N.J. 2001)
  3. RJ Gaydos Ins. Agency v. NAT. CONSUMER INS. CO.773 A.2d 1132 (N.J. 2001)
  4. R.J. Gaydos Insurance Agency, Inc. v. National Consumer Insurance773 A.2d 1132 (N.J. 2001)
  5. Winne v. County of Bergen121 A.2d 733 (N.J. 1956)
  6. D'Ippolito v. Maguire111 A.2d 78 (N.J. Super. Ct. App. Div. 1955)

Most recent

  1. State v. INTERN. FED., LOCAL780 A.2d 525 (N.J. 2001)
  2. State v. International Federation of Professional & Engineers, Local 195780 A.2d 525 (N.J. 2001)
  3. RJ Gaydos Ins. Agency v. NAT. CONSUMER INS. CO.773 A.2d 1132 (N.J. 2001)
  4. R.J. Gaydos Insurance Agency, Inc. v. National Consumer Insurance773 A.2d 1132 (N.J. 2001)
  5. Trustees of the Local 478 Trucking & Allied Industries Pension Fund v. Pirozzi486 A.2d 1288 (N.J. Super. Ct. App. Div. 1983)
  6. Jalowiecki v. Leuc440 A.2d 21 (N.J. Super. Ct. App. Div. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Sganga v. Twp. of Teaneck, 32 A.2d 505 (N.J. 1943) 6

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