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LAVIGNE v. FAMILY AND CHILDREN'S SOCY., ELIZABETH

18 N.J. Super. 559 (1952)

87 A.2d 739

JOE B. LAVIGNE AND LOUISE P. LAVIGNE, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. THE FAMILY AND CHILDREN'S SOCIETY OF ELIZABETH, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1952.

Attorney(s) appearing for the Case

Mr. Donald G. Davis argued the cause for the plaintiffs-respondents.

Mr. Joseph A. Porter argued the cause for the defendant-appellant (Messrs. Whittemore, Porter & Pollis, attorneys).

Mr. Edward Terner, counsel for Childrens Aid and Adoption Society.

Messrs. Farkas & Samuels, attorneys for Jewish Child Care Association of Essex County.

Messrs. Ormond & Dippel, attorneys for Childrens Aid and Society for Prevention of Cruelty to Children.

Messrs. Bennett and Shepard, attorneys for Family and Childrens Society of Montclair.

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

The fundamental question is whether a written "surrender" of their child, executed by the parents, Joe B. Lavigne and Louise P. Lavigne, plaintiffs, to the defendant-appellant, The Family and Children's Society of Elizabeth (hereinafter referred to as the "Society"), is irrevocable. The Chancery Division held that, under the circumstances, it was revocable and...

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