Strohmeyer v. Borough of Little Ferry
Cases that cite this one
14 later published cases cite this decision.
- State v. INTERN. FED., LOCAL (N.J. 2001)
- State v. International Federation of Professional & Engineers, Local 195 (N.J. 2001)
- RJ Gaydos Ins. Agency v. NAT. CONSUMER INS. CO. (N.J. 2001)
- R.J. Gaydos Insurance Agency, Inc. v. National Consumer Insurance (N.J. 2001)
- Winne v. County of Bergen (N.J. 1956)
- D'Ippolito v. Maguire (N.J. Super. Ct. App. Div. 1955)
- Trustees of the Local 478 Trucking & Allied Industries Pension Fund v. Pirozzi (N.J. Super. Ct. App. Div. 1983)
- Jalowiecki v. Leuc (N.J. Super. Ct. App. Div. 1981)
- Schock v. Bd. of Rev., Div. Empl. SEC. (N.J. Super. Ct. App. Div. 1965)
- Mastrobattista v. Essex County Park Commission (N.J. 1965)
- Graham v. City of Asbury Park (N.J. Super. Ct. App. Div. 1961)
- Graham v. City of Asbury Park (N.J. Super. Ct. App. Div. 1960)
- Rozmierski v. City of Newark (N.J. Super. Ct. App. Div. 1956)
- Strohmeyer v. Borough of Little Ferry (N.J. Super. Ct. App. Div. 1950)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The opinion of the court was delivered by
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.