SHAPIRO v. MARZIGLIANO


39 N.J. Super. 61 (1956)

120 A.2d 490

FRED SHAPIRO AND SAM SOLOMON, TRADING AS HOLMAN POULTRY CO., PLAINTIFFS-RESPONDENTS, v. JOSEPH MARZIGLIANO AND RALPH MARZIGLIANO, DEFENDANTS-APPELLANTS. S & P LIVE POULTRY CO., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. JOSEPH MARZIGLIANO AND RALPH MARZIGLIANO, DEFENDANTS-APPELLANTS. FRED SHAPIRO & CO., INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. JOSEPH MARZIGLIANO AND RALPH MARZIGLIANO, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1956.


Attorney(s) appearing for the Case

Mr. Samuel Milberg argued the cause for the defendant-appellants (Messrs. Milberg & Milberg, attorneys; Mr. Henry Milberg on the brief).

Mr. Phil O. Mayer argued the cause for the plaintiffs-respondents (Messrs. Mayer & Mayer, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.


The opinion of the court was delivered by FREUND, J.A.D.

The principal question here is whether the liability of a consignee arising from the failure to pay to the consignor the proceeds of sale is barred from discharge under section 17(a)(2) of the Federal Bankruptcy Act, 11 U.S.C.A., sec. 35, subd. (a)(2), as a willful and malicious injury to the property of the consignor. A subsidiary question argued by the parties is whether the transactions...

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