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SMITH v. WHITMAN

75 N.J. Super. 228 (1962)

183 A.2d 89

RANDALL E. SMITH, ET AL., PLAINTIFFS-RESPONDENTS, v. CLIFFORD L. WHITMAN, DEFENDANT-APPELLANT, v. PAUL A. VIVERS, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1962.

Attorney(s) appearing for the Case

Mr. Bruce H. Losche argued the cause for appellant (Messrs. Losche & Losche, attorneys).

Mr. James A. Major argued the cause for respondents (Messrs. Major & Major, attorneys for respondents Smith; Mr. Samuel M. Lyon, Jr., attorney for plaintiff-respondent Knight; Mr. Charles R. DiGisi, attorney for respondent Marino; Messrs. Morrison, Lloyd & Griggs, attorneys for respondents Maupai and Lannaghan).

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendant-crossclaimant, Dr. Whitman, appeals from a Chancery Division judgment setting aside certain transfers of property from defendant Vivers to him. Plaintiffs, in their several complaints, attacked these transfers as being a fraud on Vivers' creditors and sought the appointment of a receiver for his assets. The trial court held that the transfers should be set aside as the product of duress.

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