SMITH v. WHITMAN


39 N.J. 397 (1963)

189 A.2d 15

RANDALL E. SMITH, ET AL., PLAINTIFFS-APPELLANTS, v. CLIFFORD L. WHITMAN, DEFENDANT-RESPONDENT, v. PAUL A. VIVERS, DEFENDANT.

The Supreme Court of New Jersey.

Decided March 4, 1963.


Attorney(s) appearing for the Case

Mr. James A. Major argued the cause for plaintiffs-appellants (Messrs. Major and Major, attorneys).

Mr. Bruce H. Losche argued the cause for defendant-respondent (Messrs. Losche and Losche, attorneys).


The opinion of the court was delivered by WEINTRAUB, C.J.

These cases arose out of embezzlements by Paul A. Vivers, an attorney (now disbarred, Vivers, In re, 36 N.J. 531 (1962)), of property of clients. Defendant Whitman, who is a nephew of Vivers, suffered losses of about $100,000. He obtained from Vivers assets worth about $39,000 which plaintiffs, also victims of Vivers, sought to recover in these proceedings.

The...

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