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STARK v. FLEMINGTON NAT. BANK AND TRUST CO.

38 N.J. Super. 58 (1955)

118 A.2d 114

AMEL STARK, TRUSTEE IN BANKRUPTCY OF FRANK H. SCHEIER, PLAINTIFF, v. THE FLEMINGTON NATIONAL BANK AND TRUST COMPANY, A CORPORATION ORGANIZED UNDER THE BANKING LAWS OF THE UNITED STATES, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 9, 1955.

Attorney(s) appearing for the Case

Mr. Franklin W. Kielb, Flemington, tried the cause for plaintiff.

Mr. C. Ryman Herr, Jr., Flemington, tried the cause for defendant (Messrs. Herr & Fisher, Flemington, attorneys).

SCHETTINO, J.S.C.

This is an action to set aside a chattel mortgage, for an accounting and for recovery of the value of assets listed in the chattel mortgage. By order of a referee in bankruptcy, dated February 2, 1955, plaintiff was authorized to proceed in the plenary suit in this court for the purpose of setting aside the chattel mortgage and recovering the fair value of the assets of a bankrupt, Frank A. Scheier.

On July 30, 1953 Scheier executed a chattel...

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