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IN RE MILD

31 N.J. 215 (1959)

156 A.2d 257

IN THE MATTER OF JOHN MILD, DECEASED. CATHERINE DORN, SUBSTITUTED ADMINISTRATRIX OF THE ESTATE OF JOHN MILD, DECEASED, AND HARTFORD ACCIDENT AND INDEMNITY COMPANY, ACCOUNTANTS-APPELLANTS, v. KATALIN SCHEUER, ET AL., EXCEPTANTS-RESPONDENTS, AND GEORGE WINNE AND FIRST NATIONAL BANK AND TRUST COMPANY OF PATERSON, SUCCESSOR, ETC., THIRD-PARTY DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 7, 1959.

Attorney(s) appearing for the Case

Mr. I. Charles Lifland argued the cause for the accountants-appellants (Mr. John Coleman Lifland, on the brief).

Mr. Frank J. Davies, Jr., argued the cause for the respondent, First National Bank and Trust Company of Paterson (Messrs. Davies & Davies, attorneys; Mr. Frank J. Davies, Jr., on the brief).

Mr. Walter D. Van Riper argued the cause for the respondent, George Winne (Messrs. Van Riper & Belmont, attorneys).

Mr. Morton Stavis argued the cause for the exceptants-respondents (Messrs. Gross & Stavis, attorneys).

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

In 1954 Charles Halstead, a New Jersey attorney, absconded with $32,164.70 in assets of the estate of John Mild, and has never been found. The Bergen County Court surcharged Mrs. Catherine Dorn, substituted administratrix of the estate, for the sum taken by Halstead. On appeal this court reversed the judgment and remanded the case for determination of certain unresolved issues. 25 N.J. 467

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