LOWER MAIN ST. MERCHANTS ASS'N v. PAUL GELLER


67 N.J. Super. 514 (1961)

171 A.2d 21

LOWER MAIN STREET MERCHANTS ASSOCIATION, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, AND SPIRA CLOTHING CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. PAUL GELLER & CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND GELLER CLOTHES CORP., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 11, 1961.


Attorney(s) appearing for the Case

Mr. Hillard Chapnick for the plaintiffs (Messrs. Krugman & Chapnick, attorneys).

Mr. Melvin N. Fine for the defendants.

Mr. Adolph A. Romei for the City of Paterson (Mr. Theodore D. Rosenberg, attorney).


GRIMSHAW, J.S.C.

The defendant Paul Geller & Co., Inc. has been for a number of years in the business of selling men's clothing at retail in the City of Paterson. In December of 1960 Paul Geller & Co. became financially embarrassed. A meeting of its creditors was held and as a result thereof it was agreed that they would accept a settlement of 35%, payable 20% in cash and 15% in notes. A new corporation, known as Geller Clothes Corp., was formed, the stockholders...

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