DALOISIO v. PENINSULA LAND CO.


43 N.J. Super. 79 (1956)

127 A.2d 885

ALFONSO DALOISIO, JACOB DE YOUNG, ET AL., PLAINTIFFS-RESPONDENTS, v. PENINSULA LAND CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND CALLAGHAN ISLAND LAND COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1956.


Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for appellant (Mr. Joseph V. Fumagalli, attorney).

Mr. Isadore Glauberman argued the cause for respondents (Mr. Edward A. Smarak, attorney; Mr. Warren Brody, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.


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

Plaintiffs, a minority of the stockholders of Callaghan Island Land Company, instituted this derivative suit to impress a trust upon certain lands, hereinafter described, for the benefit of Callaghan and to compel defendant Peninsula Land Co. to convey the property to that company. The Chancery Division entered judgment in plaintiffs' favor, with costs. Peninsula Land Co. appeals.

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