BEHRMAN v. EGAN


25 N.J. Super. 109 (1953)

95 A.2d 599

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, 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.

Superior Court of New Jersey, Chancery Division.

Decided February 9, 1953.


Attorney(s) appearing for the Case

Messrs. Randal B. Lewis, Walter D. Van Riper, William W. Evans, and Samuel Rochlin, attorneys for the plaintiffs.

Mr. Walter J. Hunziker, attorney for defendants Egan and Lendrim.

Mr. Vincent C. Duffy, attorney for defendants Browne and Fuld.

Messrs. Herman H. Singer and Albert S. Gross, attorneys for estates of James H. O'Dea, et als.

Messrs. Samuel Kaufman, and Sanford Freedman, attorneys for certificate holders, exceptants to the account (and of counsel).

Mr. George F. Miller, attorneys for estate of Joseph Teshon, et al.

Messrs. Frankel & Frankel, attorneys for intervenor Nathan Metzger.


GRIMSHAW, J.S.C.

In a prior opinion filed in this cause, Behrman v. Egan, 17 N.J.Super. 598 (Ch. Div. 1951), I reviewed at length the facts and circumstances leading up to the present litigation. A repetition of that recital would serve no useful purpose.

After a study of the record then before me, I expressed the view that the charge of fraud in connection with the procurement of the 1946 decree of the...

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