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B.R. WALDRON & SONS CO., INC. v. VENEZIA

31 N.J. 161 (1959)

155 A.2d 769

B.R. WALDRON & SONS CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, AND AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, A CORPORATION OF THE COMMONWEALTH OF PENNSYLVANIA, INTERVENOR-APPELLANT, v. LOUIS VENEZIA AND ANNE VENEZIA, AND HENRY KEMPLER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 23, 1959.

Attorney(s) appearing for the Case

Mr. Charles B. Collins argued the cause for intervenor-appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Charles B. Collins, of counsel; Messrs. Allan G. Freund and Laurence Reich, on the brief).

Mr. Samuel A. Larner argued the cause for defendants-respondents (Messrs. Budd, Larner & Kent, attorneys for defendant-respondent, Henry Kempler; Messrs. Stout & O'Hagan, attorneys for defendants-respondents, Louis Venezia and Anne Venezia; Mr. Samuel A. Larner, of counsel).

The opinion was delivered PER CURIAM.

B.R. Waldron & Sons Co. started an action by attachment against Anne and Louis Venezia, husband and wife. Defendants are residents of New Jersey. The claimed basis for attachment was fraud in the inception of the claim and a purpose to dispose of the property. Anne, the owner of the real estate attached, filed a motion (1) to vacate the attachment because of the alleged insufficiency...

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