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BICKWIT v. HAMMES

34 N.J. Super. 568 (1955)

112 A.2d 785

GEORGE S. BICKWIT, PAUL TOMMARCHI AND JOSEPH CASALINO, INDIVIDUALLY AND CO-PARTNERS T/A PLASTIC MOLDED ARTS CO., PLAINTIFFS, v. JACK G. HAMMES, ROSE HAMMES, GUARANTEE BANK & TRUST CO., A CORPORATION OF NEW JERSEY, AND COMET BUILDING IMPROVEMENT CO., A CORPORATION OF NEW JERSEY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 15, 1955.

Attorney(s) appearing for the Case

Mr. David M. Perskie, for plaintiffs (Messrs. Perskie & Perskie, attorneys).

Mr. Edward Fishman, for defendants Jack G. Hammes and Rose Hammes (Messrs. Miller & Fishman, attorneys).

Mr. Maurice Y. Cole, for defendant Guarantee Bank & Trust Co. (Messrs. Cole & Cole, attorneys).

Mr. Herbert Horn, for defendant Comet Building Improvement Co. (Messrs. Lloyd & Horn, attorneys).

HANEMAN, J.S.C.

This is a motion by the defendant Guarantee Bank and Trust Company for a judgment on the pleadings. Plaintiffs herein filed a complaint seeking to set aside an assignment of a mortgage from one Rose Hammes to the Guarantee Bank and Trust Company on the ground that a prior assignment from Jack G. Hammes to Rose Hammes, his wife, was in fraud of creditors.

A synopsis of the facts as alleged in the complaint is as follows: On August 7, 1951 the...

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