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BEHRMAN v. EGAN

9 N.J. Super. 171 (1950)

75 A.2d 627

HARRY BEHRMAN, JOHN J. HALL, ALOYSIUS J. O'BRIEN, AMOS H. RADCLIFFE AND CHARLES H. ROEMER, TRUSTEES UNDER A TRUST AGREEMENT DATED DECEMBER 26, 1934, BETWEEN THEM AND THE FRANKLIN TRUST COMPANY OF PATERSON, PLAINTIFFS-RESPONDENTS, v. JOHN J. EGAN AND GEORGE LENDRIM, AS REPRESENTATIVES OF THE HOLDERS OF CLASS "A" CERTIFICATES; AND WILLIAM E. BROWNE AND MOSES I. FULD, AS REPRESENTATIVES OF THE HOLDERS OF CLASS "B" CERTIFICATES, DEFENDANTS-RESPONDENTS, AND NATHAN METZGER, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 23, 1950.

Attorney(s) appearing for the Case

Mr. Leopold Frankel argued the cause for the intervenor-appellant (Messrs. Frankel & Frankel, attorneys).

Mr. Randal B. Lewis argued the cause for the plaintiffs-respondents.

Mr. Herman H. Singer argued the cause for intervenors.

Before Judges JACOBS, BIGELOW and WM. J. BRENNAN, JR.

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

This is an appeal by the intervenor Nathan Metzger from the Chancery Division's denial of his motion to dismiss the complaint.

The complaint alleging the following was filed on April 11, 1949, by the plaintiffs as trustees under a trust agreement dated December 26, 1934, between them and The Franklin Trust Company of Paterson. After the bank holiday of 1933 there was a reorganization of the Trust Company...

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