FRANK BRISCOE CO., INC. v. SUBURBAN TRUST CO.


100 N.J. Super. 431 (1968)

242 A.2d 54

FRANK BRISCOE COMPANY, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SUBURBAN TRUST COMPANY, A BANKING CORPORATION, DEFENDANT-RESPONDENT, AND E. FRED SULZER AND ELEANOR SULZER, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1968.


Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for appellant (Messrs. Levy, McCloskey & Schlesinger, attorneys).

Mr. Sanford Silverman argued the cause for respondent.

Before Judges GOLDMANN, KILKENNY and CARTON.


The opinion of the court was delivered PER CURIAM.

Plaintiff Frank Briscoe Company, Inc. (Briscoe) sued Suburban Trust Company (bank) and E. Fred Sulzer and Eleanor Sulzer, the principals of E. Fred Sulzer & So. (Sulzer), for damages, claiming that the bank had wrongfully and fraudulently set off an obligation of Sulzer against certain funds in that company's general deposit account, allegedly held in trust for Briscoe. The action was voluntarily dismissed as...

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