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KRONISCH v. HOWARD SAVINGS INSTITUTION

133 N.J. Super. 124 (1975)

335 A.2d 587

MYRON W. KRONISCH AND SHEILA KRONISCH, INDIVIDUALLY AND ON BEHALF OF A CLASS, PLAINTIFFS, v. THE HOWARD SAVINGS INSTITUTION, A NEW JERSEY CORPORATION, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS, DEFENDANT. HAROLD CHAMBERS AND VERAIAN CHAMBERS, HIS WIFE, INDIVIDUALLY AND ON BEHALF OF A CLASS, PLAINTIFFS, v. BERKELEY SAVINGS & LOAN ASSOCIATION OF NEW JERSEY, A NEW JERSEY CORPORATION, INDIVIDUALLY AND AS REPRESENTATIVE OF A CLASS, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided March 4, 1975.

Attorney(s) appearing for the Case

Mr. Cyrus J. Bloom for plaintiffs.

Mr. William H. Hyatt, Jr. for defendant Howard Savings Institution (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Arthur D. Grossman for defendant Berkeley Savings & Loan Association (Messrs. Fox and Fox, attorneys).

ANTELL, J.S.C.

This is a motion for an order of maintainability as a class action under R. 4:32. In these consolidated actions plaintiffs and defendants are respectively mortgagors and mortgagees under federally insured residential mortgages. Alleging a relationship sounding in express or constructive trust, plaintiffs seek an accounting for moneys earned by defendants from the investment of tax escrow funds...

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