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NAT.-BEN FRANKLIN FIRE INS. CO. v. CAMDEN TRUST CO.

36 N.J. Super. 249 (1955)

115 A.2d 589

NATIONAL-BEN FRANKLIN FIRE INSURANCE COMPANY, A PENNSYLVANIA CORPORATION, AND MERCURY INSURANCE COMPANY, A MINNESOTA CORPORATION, PLAINTIFFS-APPELLANTS, v. CAMDEN TRUST COMPANY, A CORPORATION ORGANIZED UNDER THE BANKING LAWS OF NEW JERSEY, AS SUCCESSOR TRUSTEE UNDER AN INDENTURE OF MORTGAGE, AND ASSOCIATED REALTIES CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1955.

Attorney(s) appearing for the Case

Mr. William T. Wachenfeld argued the cause for plaintiffs-appellants (Messrs. Lum, Fairlie & Foster, attorneys; Mr. Vincent P. Biunno on the brief).

Mr. James N. Butler argued the cause for defendants-respondents (Messrs. Moore, Butler & McGee, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

This is an action brought in the Superior Court, Chancery Division, by two insurance companies against Camden Trust Company, as trustee under an indenture of mortgage, and another party, asking for a declaratory judgment as to the effect of a prior judgment taken against the insurers by the trustee. The court under R.R. 4:12-2(e), dismissed the...

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