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HIRSCH v. PHILY

6 N.J. Super. 447 (1949)

69 A.2d 585

SAMUEL HIRSCH, PLAINTIFF, v. AUGUST PHILY, DOMINICK SCIALLA, MURRAY WHITE AND SUPERTEX DYEING & FINISHING CO., INC., A NEW JERSEY CORPORATION, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 23, 1949.

Attorney(s) appearing for the Case

Messrs. Evans, Hand & Evans, by Mr. Floyd Amoresano, attorneys for plaintiff.

Mr. Colombo Cammarano, attorney for defendant, August Phily.

Mr. Archibald Kreiger, attorney for defendants, Murray White and Supertex Dyeing & Finishing Co., Inc.

GRIMSHAW, J.S.C.

The defendants, Phily, Scialla and White, were officers of Artex Dyeing & Finishing Co., a corporation which is now insolvent. Plaintiff charges that the defendants converted to their own use or to the use of Artex, funds of the plaintiff amounting to $12,520.03 and he seeks a judgment against them in that amount. Originally plaintiff sought to have a trust impressed upon the assets of Supertex Dyeing & Finishing Co., in the sum of $12,520...

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