Williamsport Planing Mill Co. v. Bd. of Ed., Paterson

Full title: WILLIAMSPORT PLANING MILL CO., A CORPORATION IN LIQUIDATION…

Court: Court of Errors and Appeals

Date published: Apr 20, 1944

37 A.2d 43 (N.J. 1944)

37 A.2d 43

Opinion

Argued February 2, 1944 —

Decided April 20, 1944.

On appeal from the Supreme Court, whose opinion is reported in 131 N.J.L. 33.

For the relator-respondent, Kristeller Zucker ( Saul J. Zucker).

For the defendant-appellant, Joseph Coult and Harold D. Green.

PER CURIAM.

The conclusions reached by the Supreme Court are sound and the judgment should be affirmed. We think that the Board of Education, which was not a party to Williamsport Planing Mill Co. v. Maryland Casualty Co., 129 N.J.L. 333 , was not estopped by the last mentioned decision in the Supreme Court from arguing for a final acceptance but that the issue was nevertheless meritoriously decided adversely to the contention.

The judgment appealed from is affirmed.

For affirmance — THE CHANCELLOR, PARKER, CASE, DONGES, PORTER, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 11.

For reversal — HEHER, PERSKIE, JJ. 2.