# Downs v. Winslow

> New Jersey Superior Court Appellate Division · March 12, 1969 · 105 N.J. Super. 54

URL: https://www.frixlaw.com/law-library/cases/7312357

## Case

- **Full name:** HERBERT DOWNS, GUARDIAN OF HIS MINOR CHILD JOY DOWNS, PLAINTIFFS-RESPONDENTS v. OSCAR WIN-SLOW, AND UNSATISFIED CLAIM AND JUDGMENT FUND BOARD
- **Court:** New Jersey Superior Court Appellate Division
- **Decided:** March 12, 1969
- **Citations:** 105 N.J. Super. 54; 251 A.2d 137; 1969 N.J. Super. LEXIS 495
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pee
- **Judges:** Pee
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7312357

## Opinion text

Pee Curiam.
In view of what happened in the trial of
the consolidated cases, we question the trial court’s holding (Downs v. Winslow, 97 N. J. Super. 238, 244) (Law Div. 1968) that there was an adjudication that Joy Downs could not have recovered in an action against Rosemary Di Ionno. However, we find it unnecessary to express any opinion on this question because it is immaterial whether or not there could have been such a recovery. The fact of the matter is that Di lonno’s carrier did settle Downs’ claim aganist Di Ionno for $1,400. The Eund was entitled to the benefit of that settlement even if it be a fact that Downs could not have prevailed in an action against Di Ionno. Cf. Shebell v. Strelecki, 104 N. J. Super. 139 (App. Div. 1969). Since the Downs judgment against Winslow was less than the $1,400 paid to Downs by Di lonno’s carrier, the Eund owes Downs nothing.
Reversed. No costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7312357. Public record. Not legal advice.