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STARR v. BERRY

25 N.J. 573 (1958)

138 A.2d 44

NATHAN C. STARR, ROSAMOND STARR BELT AND FREDERIC H. STARR, PLAINTIFFS-APPELLANTS, v. RAYMOND H. BERRY, JOHN J. McCUE, SCOTT LUMBER COMPANY, A CORPORATION OF NEW JERSEY, SADIE M. JOHNSTON, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF LESTER A. JOHNSTON, DECEASED, WILLIAM STARR, RICHARD F.S. STARR, AND RUTH STARR ROSE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued November 12, 1957.

Decided January 20, 1958.

Attorney(s) appearing for the Case

Mr. Roger C. Ward argued the cause for plaintiffs-appellants (Messrs. Pitney, Hardin & Ward, attorneys; Messrs. John R. Hardin, Frank C. O'Brien, Roger C. Ward, of counsel).

Mr. Israel B. Greene argued the cause for defendant-respondent Raymond H. Berry (Mr. Israel B. Greene, of counsel; Mr. Murry Brochin, on the brief).

Mr. Charles Danzig argued the cause for defendant-respondent Scott Lumber Company (Messrs. Riker, Emery & Danzig, attorneys; Mr. Charles Danzig, of counsel).

Mr. James M. Dunn argued the cause for defendant-respondent Sadie M. Johnston, executrix of estate of Lester A. Johnston, deceased.

Mr. James D. Carpenter argued the cause for defendant-respondent John J. McCue (Messrs. Carpenter, Bennett, Beggans & Morrissey, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

The Chancery Division of the Superior Court dismissed the complaint under the doctrine of forum non conveniens. Plaintiffs appealed to the Appellate Division and we certified the pending appeal on our own motion. Also before us is a motion to dismiss the appeal on the ground that plaintiffs accepted the benefits of the judgment they attack.

I.

We first will consider the motion to dismiss...

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