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A.P. SMITH MFG. CO. v. BARLOW

13 N.J. 145 (1953)

98 A.2d 581

THE A.P. SMITH MANUFACTURING COMPANY, PLAINTIFF-RESPONDENT, v. RUTH F. BARLOW, WILLIAM B. CAMPBELL, WILLIAM M. BRENN, EUGENE M. SMITH AND JOSEPH P. HALPIN, INDIVIDUALLY AND AS REPRESENTATIVES OF THE HOLDERS OF THE PREFERRED AND COMMON SHARES OF THE A.P. SMITH MANUFACTURING COMPANY, DEFENDANTS-APPELLANTS, AND THEODORE D. PARSONS, ATTORNEY-GENERAL OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 25, 1953.

Attorney(s) appearing for the Case

Mr. Josiah Stryker argued the cause for defendants-appellants (Messrs. Stryker, Tams & Horner, attorneys).

Mr. Waldron M. Ward argued the cause for plaintiff-respondent (Messrs. Pitney, Hardin & Ward, attorneys; Mr. Robert P. Weil of the New York Bar, of counsel).

Mr. Theodore D. Parsons, Attorney-General, argued the cause for the State of New Jersey (Mr. Thomas P. Cook, Deputy Attorney-General, on the brief).

Messrs. Jackson, Nash, Brophy, Barringer & Brooks (Mr. Williamson Pell, Jr., of counsel) of the New York Bar, attorneys for Princeton University, amicus curiae.

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

The Chancery Division, in a well-reasoned opinion by Judge Stein, determined that a donation by the plaintiff The A.P. Smith Manufacturing Company to Princeton University was intra vires. Because of the public importance of the issues presented, the appeal duly taken to the Appellate Division has been certified directly to this court under Rule 1:5-1(a<...

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