BURKE v. HOFFMAN


28 N.J. 467 (1958)

147 A.2d 44

WILLIAM F. BURKE AND EDMUND B. HOURIGAN, AS CO-PARTNERS, ETC., PLAINTIFFS-RESPONDENTS, v. FREDERICK R. HOFFMAN, DEFENDANT-APPELLANT, AND BERNARD J. BERGTON, ETC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 22, 1958.


Attorney(s) appearing for the Case

Mr. Edward F. Merrey, Jr., argued the cause for the appellant (Messrs. Merrey & Merrey, attorneys).

Mr. Theodore W. Trautwein argued the cause for the defendant respondent (Mr. Warren Dixon, Jr., attorney).


The opinion of the court was delivered by HEHER, J.

The controversy here concerns rival claims to a fund of $2,450, a part of the purchase price of certain dwelling houses retained and held in escrow by the plaintiff attorneys at law awaiting a determination of the issues. The proceeding has been treated as one of interpleader, although the fund remains, by agreement of the parties at the title closing, in the possession of the plaintiffs until adjudication is had...

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