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ESCROW, INC. v. BOROUGH OF HAWORTH

36 N.J. Super. 469 (1955)

116 A.2d 526

ESCROW, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. BOROUGH OF HAWORTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, AND THE DEPARTMENT OF MISSIONS OF THE PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF NEWARK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 18, 1955.

Attorney(s) appearing for the Case

Mr. William S. Grimaldi argued the cause for plaintiff-appellant (Mr. Carmine Grimaldi, attorney).

Mr. Frank H. Hennessy argued the cause for the defendant-respondents Borough of Haworth and The Department of Missions of the Protestant Episcopal Church in the Diocese of Newark.

Mr. John C. Garde, attorney for the defendant-respondent, The Department of Missions of the Protestant Episcopal Church in the Diocese of Newark.

Before Judges HUGHES, HETFIELD and MARIANO.

The opinion of the court was delivered by HETFIELD, J.S.C. (temporarily assigned).

This is an action in lieu of prerogative writ to compel the defendant-respondent municipality, Borough of Haworth, to sell certain lands of the municipality to the plaintiff-appellant, Escrow, Inc., a corporation of the State of New Jersey, rather than to the co-defendant-respondent, the Department of Missions of the Protestant Episcopal Church in the Diocese of Newark (hereinafter...

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