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Silzer v. New Brunswick Trust Co.

Court of Errors and Appeals
Apr 30, 1937
192 A. 510 (N.J. 1937)

Opinion

Argued February 10th, 1937.

Decided April 30th, 1937.

Held, bill properly dismissed, inasmuch as it did not allege any ground for equitable interposition.

On appeal for a decree of the court of chancery.

Mr. Leonard J. Emmerglick, for the appellant.

Messrs. Hicks, Kuhlthau Thompson ( Mr. Douglas M. Hicks, of counsel), for the respondent.


We concur in the conclusion of the learned vice-chancellor that the bill should be dismissed for want of equity.

The relationship between appellant and respondent was that of debtor and creditor. The bill does not, as contended by appellant, state a case for the termination of an express trust, and the execution of a resulting trust arising in consequence thereof; nor does it allege any other ground for equitable interposition. If the condition of the contract has been fulfilled, there is, so far as the bill discloses, an adequate remedy at law.

The decree is accordingly affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 15.

For reversal — None.


Summaries of

Silzer v. New Brunswick Trust Co.

Court of Errors and Appeals
Apr 30, 1937
192 A. 510 (N.J. 1937)
Case details for

Silzer v. New Brunswick Trust Co.

Case Details

Full title:GEORGE S. SILZER, as trustee, complainant-appellant, v. NEW BRUNSWICK…

Court:Court of Errors and Appeals

Date published: Apr 30, 1937

Citations

192 A. 510 (N.J. 1937)
192 A. 510

Citing Cases

Silzer v. New Brunswick Trust Co.

Bill dismissed for lack of equity. Affirmed in 192 A. 510. Leonard J. Emmerglick, of Newark, for complainant.…