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NAT. BEN-FRANKLIN FIRE INS. CO. v. CAMDEN TRUST CO.

33 N.J. Super. 340 (1954)

110 A.2d 152

NATIONAL BEN-FRANKLIN FIRE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, AND MERCURY INSURANCE COMPANY, A MINNESOTA CORPORATION, PLAINTIFFS, v. CAMDEN TRUST COMPANY, A CORPORATION ORGANIZED UNDER THE BANKING LAWS OF NEW JERSEY, AS SUCCESSOR TRUSTEE UNDER AN INDENTURE OF MORTGAGE, AND ASSOCIATED REALTIES CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 1, 1954.

Attorney(s) appearing for the Case

Mr. William T. Wachenfeld, attorney for plaintiffs (Messrs. Lum, Fairlie and Foster, attorneys).

Mr. James N. Butler, attorney for defendants (Messrs. Moore, Butler & McGee, attorneys).

HANEMAN, J.S.C.

Defendants herein move to dismiss the complaint filed upon the ground, among other reasons, that "said complaint shows upon its face no grounds for the relief therein demanded."

It appears that the complaint, as herein filed, seeks a declaratory judgment under N.J.S.A. 2A:16-50 et seq. of a certain assignment of interest in a mortgage by the defendant Camden Trust Company, trustee, to the plaintiffs. This assignment was...

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