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LESSER v. STRUBBE

39 N.J. 90 (1963)

187 A.2d 705

SAMUEL B. LESSER, AS TRUSTEE, ETC., PLAINTIFF-CROSS-APPELLANT, v. H. ERNEST STRUBBE, ET AL., DEFENDANTS-CROSS-RESPONDENTS, AND ANDREW W. O'ROURKE, ET AL., DEFENDANTS, AND PAUL R. KLEINBERG, TRUSTEE, ETC., DEFENDANT-CROSS-RESPONDENT. SAMUEL B. LESSER, AS TRUSTEE, ETC., PLAINTIFF-CROSS-APPELLANT, v. H. ERNEST STRUBBE, JR., ET AL., DEFENDANTS-CROSS-RESPONDENTS. ELEANOR STRUBBE, PLAINTIFF-APPELLANT, v. SAMUEL B. LESSER, AS TRUSTEE, ETC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued October 10, 1962.

Decided January 21, 1963.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper argued the cause for plaintiff-appellant Eleanor Strubbe (Messrs. Van Riper and Belmont, attorneys).

Mr. Alfred C. Clapp argued the cause for plaintiff-cross-appellant and respondent Samuel B. Lesser, Trustee, etc. (Messrs. Clapp and Eisenberg, attorneys; Mr. Clapp, of counsel).

Mr. Jack L. Cohen argued the cause for defendant-cross-respondent Paul R. Kleinberg, Trustee in bankruptcy of H. Ernest Strubbe.

PER CURIAM.

The judgment of the Appellate Division is affirmed for the reasons expressed in its opinion. 67 N.J.Super. 537 (1961). We add the observation, however, concerning the incongruity in Mrs. Strubbe's position mentioned in the opinion, 67 N.J. Super., at p. 547, that, as we read the pleadings, she sought relief, as far as the mortgages were concerned, only with...

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