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PEMBERTON, ETC., INDUSTRIES, INC. v. MAPLE SHADE, CO.

31 N.J. Super. 155 (1954)

106 A.2d 32

PEMBERTON LUMBER & MILLWORK INDUSTRIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. MAPLE SHADE DEVELOPMENT CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided June 8, 1954.

Attorney(s) appearing for the Case

Mr. Neil F. Deighan, Jr., for plaintiff (Messrs. Evoy, Feinberg and Deighan, attorneys).

Mr. Lawrence N. Park, for receiver, J. Norman Brierley, Esq.

Mr. C. Zachary Seltzer and Mr. Samuel Gelfand, for defendant C. Fred Vogdes, Inc.

Mr. Albert B. Melnik, for defendant Peirce-Phelps, Inc.

Mr. Josiah E. DuBois, Jr., for defendant William H. Pearce & Co.

Mr. Louis B. LeDuc, for defendant Stanley Frankel.

Mr. Willard F. Lippincott and Mr. Vernon Fisler, for defendant Augustino Peraino.

Mr. Abraham Greenberg, for defendants Maurice D. Sady and B. DiMedio & Sons, Inc.

HANEMAN, J.S.C.

This matter concerns itself with an order to show cause why certain funds held by the Tri-County Search and Abstract Company, hereafter referred to as Tri-County, should not be (1) declared to be held in trust for the benefit of the petitioners, and (2) immediately paid to the said several petitioners. The facts in connection herewith are as follows:

The defendant Maple Shade Development Co., Inc., a New Jersey corporation, hereafter referred...

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