FRANCIS v. UNITED JERSEY BANK


87 N.J. 15 (1981)

432 A.2d 814

JOHN J. FRANCIS, HUGH P. FRANCIS AND J. RAYMOND BERRY, TRUSTEES OF PRITCHARD & BAIRD INTERMEDIARIES CORP., PRITCHARD & BAIRD, INC., P & B INTERMEDIARIES CORP., AND P & B, INC., PLAINTIFFS-RESPONDENTS, v. UNITED JERSEY BANK, ADMINISTRATOR OF THE ESTATE OF CHARLES H. PRITCHARD, LILLIAN P. OVERCASH, EXECUTRIX OF THE ESTATE OF LILLIAN G. PRITCHARD AND LILLIAN P. OVERCASH, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 1, 1981.


Attorney(s) appearing for the Case

Clive S. Cummis argued the cause for appellants (Sills, Beck, Cummis, Radin & Tischman, attorneys; Thomas J. Demski, of counsel; Thomas J. Demski and Kenneth F. Oettle, on the brief).

Hugh P. Francis argued the cause for respondents (Francis and Berry, attorneys).


The opinion of the Court was delivered by POLLOCK, J.

The primary issue on this appeal is whether a corporate director is personally liable in negligence for the failure to prevent the misappropriation of trust funds by other directors who were also officers and shareholders of the corporation.

Plaintiffs are trustees in bankruptcy of Pritchard & Baird Intermediaries Corp. (Pritchard & Baird), a reinsurance broker or intermediary. Defendant Lillian...

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