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POTTER v. HILL

43 N.J. Super. 361 (1957)

128 A.2d 705

RAYMOND J. POTTER AND MURIEL C. POTTER, PLAINTIFFS-RESPONDENTS, v. ALVIN A. HILL AND MARGARET E. HILL, DEFENDANTS AND THIRD PARTY PLAINTIFFS-CROSS-APPELLANTS, v. GEORGE H. GROLLEMUND AND ELEANOR F. GROLLEMUND, THIRD PARTY DEFENDANTS, AND FOURTH PARTY PLAINTIFFS-RESPONDENTS, v. NEWTON TRUST COMPANY, A BANKING CORPORATION OF NEW JERSEY, FOURTH PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1957.

Attorney(s) appearing for the Case

Mr. S. Herman Cohen argued the cause for plaintiffs-respondents.

Mr. James E. Quinn argued the cause for Alvin A. Hill and Margaret E. Hill, defendants and third-party plaintiffs-cross-appellants (Mr. Ferdinand J. Biunno, attorney), and Newton Trust Company, fourth-party defendant-appellant (Messrs. Morris, Downing & Sherred, attorneys).

Mr. Benjamin Franklin, 3rd, argued the cause for George H. Grollemund and Eleanor F. Grollemund, third-party defendants and fourth-party plaintiffs-respondents (Messrs. Jeffers, Mountain and Franklin, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

This action was brought in a county district court by Raymond J. Potter and Muriel C. Potter, grantees under a certain deed, against Alvin A. Hill and Margaret E. Hill, their grantors, for breach of a covenant of warranty found in the deed. The covenant reads as follows:

"* * * And the said parties of the first part, their heirs, shall and will warrant...

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