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Goldstein v. Marsella

Court of Errors and Appeals
Jan 31, 1946
45 A.2d 667 (N.J. 1946)

Opinion

Argued October term, 1945.

Decided January 31st, 1946.

The proofs here sustain the decree holding that appellants, or some of them, hold the property in question constructively in trust for respondents.

On appeal from the Court of Chancery.

Messrs. Burke, Sheridan Hourigan, for the appellants.

Mr. Thomas F. Norton and Mr. Lewis W. Vanderbach, for the respondent.


The appeal in this case brings up a decree of the Court of Chancery holding that the appellants, or some of them, hold constructively in trust for the respondents the title to the premises situate at 7021 Bergenline Avenue in the Township of North Bergen, Hudson County.

We have carefully examined the proofs and the conclusions of the learned Vice-Chancellor, and we think that the finding was well within the four corners of the corroborated proofs.

The decree is affirmed, with costs. For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, DONGES, PERSKIE, COLIE, WELLS, RAFFERTY, DILL, FREUND, JJ. 10.

For reversal — PARKER, HEHER, OLIPHANT, McGEEHAN, JJ. 4.


Summaries of

Goldstein v. Marsella

Court of Errors and Appeals
Jan 31, 1946
45 A.2d 667 (N.J. 1946)
Case details for

Goldstein v. Marsella

Case Details

Full title:CHARLES GOLDSTEIN, respondent, v. HARRY C. MARSELLA, ANNA MACK and GREAT…

Court:Court of Errors and Appeals

Date published: Jan 31, 1946

Citations

45 A.2d 667 (N.J. 1946)
45 A.2d 667

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