PEOPLES TRUST CO. OF BERGEN CTY. v. LOUNGE IN LODI


71 N.J. Super. 178 (1961)

176 A.2d 536

PEOPLES TRUST COMPANY OF BERGEN COUNTY, PLAINTIFF, v. THE LOUNGE IN LODI, INC., DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided December 12, 1961.


Attorney(s) appearing for the Case

Mr. Albert Platt for the receiver (Messrs. Miller & Platt, attorneys).

Mr. Herbert S. Alterman for Walter E. Heller & Company, Inc.

Mr. Meyer Sugarman for Mazzo Oil Company.


GRIMSHAW, M.

Walter E. Heller & Company, Inc., a creditor of the insolvent, The Lounge in Lodi, Inc., seeks a determination of its rights to a portion of certain insurance proceeds which were paid to the statutory receiver by the insolvent's insurer. The facts are substantially as follows:

On May 20, 1959 Heller sold an air conditioner to the insolvent under a conditional sales contract wherein the insolvent agreed to insure the property in the name of...

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