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BANKERS TITLE AND ABSTRACT CO. v. FERBER CO.

15 N.J. 433 (1954)

105 A.2d 408

BANKERS TITLE AND ABSTRACT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, ELMWOOD STORES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. THE FERBER COMPANY, CAMPBELL-MORRELL SUPPLY CO., MAX PLATT, INC., ZARO CONCRETE CO., INC., PEOPLES TRUST COMPANY OF BERGEN COUNTY, CONSTRUCTION SPECIALTIES, INC., ALL CORPORATIONS OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND UNION BUILDING AND INVESTMENT CO., AND UNITED STATES OF AMERICA, DEFENDANTS-APPELLANTS. MAX PLATT, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. ELMWOOD STORES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 14, 1954.

Attorney(s) appearing for the Case

Mr. Charles H. Hoens, Jr., argued the cause for the appellant United States of America (Mr. William F. Tompkins, United States Attorney, attorney).

Mr. Hugh C. Spernow argued the cause for the appellant Union Building and Investment Co. (Messrs. Wallisch & Wallisch, attorneys).

Mr. Charles Rubenstein argued the cause for the respondents Max Platt, Inc., Campbell-Morrell Supply Co., and Construction Specialties, Inc. (Mr. Leslie P. Glick on the brief; Messrs. Rubenstein & Glick, attorneys for Max Platt, Inc., Messrs. Werksman, Saffron & Cohen, attorneys for Campbell-Morrell Supply Co., Mr. Arnold M. Smith, attorney for Construction Specialties, Inc.).

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

This appeal stems from an action of interpleader by Bankers Title and Abstract Company (hereinafter called Bankers Title), a New Jersey corporation, plaintiff, in which Elmwood Stores, Inc., (hereinafter called Elmwood), a New Jersey corporation, subsequently was joined as a party plaintiff, filed on August 18, 1952 in the Superior Court, Chancery Division. Judgment of interpleader was entered on February 17, 1953...

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