T & W ICE CREAM, INC. v. CARRIAGE BARN, INC.


107 N.J. Super. 328 (1969)

258 A.2d 162

T & W ICE CREAM, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. CARRIAGE BARN, INC., A NEW JERSEY CORPORATION, WILLIAM H. NUCKEL AND CALVIN F. SERGENT, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. JOHN H. TERWILLEGER AND JOHN L. WERSHING, JR., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Bergen County Court, Law Division.

October 22, 1969.


Attorney(s) appearing for the Case

Mr. Robert W. MacQuesten appeared for plaintiff.

Mr. Roger W. Breslin, Jr. appeared for defendants and third-party plaintiffs (Messrs. Goodman, O'Dea & Breslin, attorneys).


DALTON, J.S.C.

This is an action for deficiency on a promissory note, executed by Carriage Barn, Inc., in favor of National Community Bank of Rutherford, New Jersey.

In 1965 William H. Nuckel and Calvin F. Sergent, individual defendants in this case, were the principals of a corporation known as Hinchman Hills Corp. which was the owner of a tract of land on Route 202 in Oakland, New Jersey. In May 1965 Nuckel and Sergent joined with third-party defendants...

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