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LO CONTE v. LO CONTE

25 N.J. Super. 42 (1953)

95 A.2d 443

MARIE LO CONTE, FOR THE USE AND BENEFIT OF MICHAEL LO CONTE, PLAINTIFF, v. NICHOLAS LO CONTE, ANGELINE LO CONTE AND LO CONTE BROS., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 24, 1953.

Attorney(s) appearing for the Case

Mr. Harry Krieger, attorney for the plaintiff.

Mr. Francis P. Meehan, attorney for the defendants.

FREUND, J.S.C.

The plaintiff applied for dissolution of a partnership formed by the defendant Nicholas Lo Conte and his brother, plaintiff's husband, Michael Lo Conte, now absent, and for the appointment of a receiver of the property and assets of the partnership. The defendants resist on the ground that the plaintiff is not a proper party to make the application, because R.S. 42:1-32 provides that the court shall under certain circumstances decree a dissolution...

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