GALLO v. GALLO


66 N.J. Super. 1 (1961)

168 A.2d 228

JOSEPH GALLO, ADMINISTRATOR OF THE ESTATE OF PASQUALE GALLO, DECEASED, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. JAMES GALLO, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1961.


Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for defendant-appellant and cross-respondent, (Mr. Lawrence Diamond, attorney).

Mr. J. Mortimer Rubenstein argued the cause for plaintiff-respondent and cross-appellant (Mr. George L. Garrison, on the brief).

Before Judges GOLDMANN, FOLEY and NADELL.


The opinion of the court was delivered by FOLEY, J.A.D.

This is an action for an accounting of monies disbursed by defendant pursuant to a power of attorney given him by his aged father, plaintiff's decedent.

The power of attorney, executed on June 4, 1951, was in broad terms. By it defendant was authorized to disburse in decedent's behalf funds on deposit in the United States Trust Company, Paterson, New Jersey, and in addition he was empowered to manage...

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