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HILL DREDGING CORP. v. RISLEY

18 N.J. 501 (1955)

114 A.2d 697

HILL DREDGING CORP., A CORP., ETC., SARAH J. RISLEY, CARL F. RISLEY, HARRY A. KAUPP, E. BERTRAM WRIGHT AND HELEN M. WRIGHT, PLAINTIFFS-RESPONDENTS, v. ELTON RISLEY, DEFENDANT-APPELLANT, AND LAURA O. LINDSAY, WARNER LINDSAY, JR., AND ALPHONSE W. KELLEY, ADDITIONAL DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 16, 1955.

Attorney(s) appearing for the Case

Mr. William L. Brown, Jr., argued the cause for the appellant (Messrs. Brown and Frank, attorneys).

Mr. Herman J. Finn argued the cause for the respondent Warner Lindsay, Jr.

Mr. John R. Armstrong argued the cause for the plaintiffs-respondents (Messrs. Kirkman, Mulligan and Harris, attorneys).

Mr. Hiram Steelman argued the cause for the respondent Laura O. Lindsay.

Mr. Francis Tanner argued the cause for the respondent Alphonse W. Kelley.

PER CURIAM.

The judgment is affirmed for the reasons expressed in the opinion of Judge Ewart in the court below.

BURLING, J. (dissenting in part).

I agree with the affirmance of the judgment against Elton Risley on the complaint, but I disagree as to the disposition of Elton Risley's cross-claims.

The cross-complaint as reiterated in the pretrial order charged Warner Lindsay, Jr., with breach of trust; charged Laura O. Lindsay, Alphonse W....

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