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IN RE ASSIGNMENT OF OLD COLONY COAL CO.

49 N.J. Super. 117 (1958)

139 A.2d 302

IN THE MATTER OF THE ASSIGNMENT FOR THE BENEFIT OF CREDITORS OF OLD COLONY COAL COMPANY, A NEW JERSEY CORPORATION. PAUL R. KLEINBERG AND A. ROBERT ROTHBARD, ASSIGNEES-APPELLANTS, v. CHESAPEAKE & OHIO RAILWAY COMPANY, A CORPORATION OF THE STATE OF VIRGINIA, CREDITOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Mr Abraham H. Sles argued the cause for the assignees-appellants.

Mr. Charles W. Hutchinson argued the cause for the creditor-respondent (Messrs. Emory, Langan, Lamb & Blake, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The assignees under an assignment for the benefit of creditors of Old Colony Coal Company appeal from an order of the Hudson County Court vacating all prior proceedings taken in that court and forwarding the record and all papers to the Surrogate of Essex County, for the reason that jurisdiction of the matter lay exclusively in Essex County. The order was...

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