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WHARTON v. HOWARD S. STRAUB, INC.

235 N.J. Super. 179 (1989)

561 A.2d 1169

YVONNE WHARTON, EXECUTRIX OF THE ESTATE OF FRED WHARTON AND DOROTHY SELSER; CHARLES EITNIER AND MARION EITNIER; EDITH B.D. MATHER; RAYMOND L. WALTON; JOHN CLIVER AND JANET CLIVER; ERNEST KELLER; NORA G. PRICE; EVA WOOD, PLAINTIFFS-APPELLANTS, v. HOWARD S. STRAUB, INC., RICHARD H. STRAUB AND DORIS STRAUB, HIS WIFE, DEFENDANTS, AND NEW JERSEY REAL ESTATE COMMISSION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Robert A. Gleaner, argued the cause for appellants (Lario, Nardi and Gleaner, attorneys).

Helene S. Henry, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Sarah T. Darrow, Deputy Attorney General, on the brief).

Before Judges KING, ASHBEY and SKILLMAN.

The opinion of the court was delivered by KING, P.J.A.D.

The plaintiffs, various individuals who invested money with Richard Straub (Straub), to be loaned out as mortgages on real estate and to be used to purchase certain properties, obtained a judgment against his real estate firm and Straub for the fraudulent conversion of these investments. The judgment remained unsatisfied and the plaintiffs sought to recover from...

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