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GOLDSTEIN v. COMMONWEALTH TRUST CO.

19 N.J. Super. 39 (1952)

87 A.2d 555

NATHAN GOLDSTEIN AND HARRY GOLDSTEIN, CO-PARTNERS TRADING UNDER THE FIRM NAME AND STYLE OF COMET EMBROIDERY CO., PLAINTIFFS, v. COMMONWEALTH TRUST COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. THE TRUST COMPANY OF NEW JERSEY, A BANKING CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, THIRD-PARTY DEFENDANT.

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

Decided March 19, 1952.

Attorney(s) appearing for the Case

Mr. Isidore Parnes, attorney for plaintiffs.

Messrs. Burke, Sheridan & Hourigan (Mr. Edmund B. Hourigan appearing), attorneys for defendant and third-party plaintiff.

Mr. Thomas E. Lynch, attorney for third-party defendant, (Mr. Benjamin Gross, of counsel).

COOLAHAN, J.C.C.

Motion has been made by the third-party defendant, in which the defendant and third-party plaintiff has joined, to strike the plaintiffs' complaint on the ground that it does not set forth a cause of action against either of the moving parties.

In substance the complaint alleges the following:

Morris Silver, a duly licensed attorney of New Jersey, acting on behalf of the plaintiffs, made and delivered his check in the amount of $5...

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