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GODFREY v. ESSEX COUNTY FREEHOLDER BOARD

65 N.J. Super. 213 (1961)

167 A.2d 221

GEORGE GODFREY, PLAINTIFF, v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF ESSEX, THOMAS F. McGANN, CHIEF PROBATION OFFICER OF THE COUNTY OF ESSEX, ESSEX COUNTY PROBATION DEPARTMENT, HARRY LERNER, TREASURER OF THE COUNTY OF ESSEX, JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 12, 1961.

Attorney(s) appearing for the Case

Messrs. Hein, Smith & Mooney (Mr. Bernard T. Hein, appearing), attorneys for plaintiff.

Mr. Nicholas T. Fernicola, attorney for defendants Board of Chosen Freeholders of the County of Essex and Harry Lerner, Treasurer of the County of Essex.

Mr. David D. Furman, Attorney General of New Jersey (Miss June Strelecki appearing), attorney for defendants Thomas F. McGann, Chief Probation Officer of the County of Essex, Essex County Probation Department, John A. Kervick, Treasurer of the State of New Jersey, and The State of New Jersey.

MASUCCI, J.C.C. (temporarily assigned).

The facts are undisputed. The sole question presented is whether the defendant, the State of New Jersey, or the defendant, the County of Essex, is liable to plaintiff for the sums paid by William Cash in restitution to the Essex County Probation Department. This money is now missing. It is not questioned that these sums belong to plaintiff.

The Essex County Probation Department springs from the legislative authority...

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