Summary
In Cadgene v. Cadgene, 8 A.2d 858, 859, 17 N.J.Misc. 332, affirmed 124 N.J.L. 566, 12 A.2d 635, the Court of Errors and Appeals, quoting from Havens v. Sea-Shore Land Co., 47 N.J.Eq. 365, 20 A. 497, said: "A deed should be so construed as to give effect to the intention of the parties, if by law it may; and if the intention of the parties cannot be carried out in the way they intended, and the law will permit it to be carried out in another, that other should be adopted."
Summary of this case from Lee v. Pa.-Reading Seashore LinesOpinion
Submitted February 16, 1940 —
Decided April 25, 1940.
On appeal from a judgment of the Supreme Court (Bergen county) wherein the opinion of Judge Barbour is reported in 17 N.J. Mis. R. 332.
For the plaintiff-respondent, Morrison, Lloyd Morrison.
For the defendants-appellants, Evans, Smith Evans.
The judgment under review herein is affirmed, for the reasons expressed in the opinion delivered in the Supreme Court, with this added observation — that Judge Barbour, in support of his conclusions in the instant case, quoted from the opinion of the New York Supreme Court (Erie county) in Boehringer v. Schmid, 133 N.Y. Misc. Rep. 236; 232 N.Y. Supp. 360. It may be worthy to note that the judgment of the New York Supreme Court in that case was unanimously affirmed by the Court of Appeals of New York in a per curiam opinion reported in 254 N.Y. 355; 173 N.E. Rep. 220.
For affirmance — THE CHIEF JUSTICE, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 14.
For reversal — None.