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Westerhoff v. Citizens Trust Co.

Court of Errors and Appeals
Jan 22, 1937
190 A. 88 (N.J. 1937)

Opinion

Argued October 26 and 27, 1936 —

Decided January 22, 1937.

On appeal from a judgment of the Supreme Court.

For the appellant, H. Kermit Green and Filbert L. Rosenstein ( Spaulding Frazer and David Stoffer, of counsel).

For the respondent, Edward F. Merrey.


We concur in the view expressed by Judge Wolber that the indebtedness of the Nazzaros to the bankrupt, arising from the several transactions set out in the complaint, has been fully satisfied; and that, in respect of this issue, the plaintiff is concluded by the decree in Chancery. It is a corollary of this that the plaintiff has no right of action against the defendant.

The judgment is accordingly affirmed.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 14.

For reversal — None.


Summaries of

Westerhoff v. Citizens Trust Co.

Court of Errors and Appeals
Jan 22, 1937
190 A. 88 (N.J. 1937)
Case details for

Westerhoff v. Citizens Trust Co.

Case Details

Full title:HARRIS J. WESTERHOFF, TRUSTEE IN BANKRUPTCY OF STAR SILK DYEING COMPANY…

Court:Court of Errors and Appeals

Date published: Jan 22, 1937

Citations

190 A. 88 (N.J. 1937)
190 A. 88

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