DINGER v. ROTHERY, 110 N.J.L. 508 (1933)

166 A. 165

JEAN T. DINGER, RECEIVER OF THE WESTMONT NATIONAL BANK, AN INSOLVENT INSTITUTION, PLAINTIFF-RESPONDENT, v. JULIA M. ROTHERY AND GEORGE A. ROTHERY, DEFENDANTS-APPELLANTS.

Court of Errors and Appeals.Submitted February 17, 1933 —
Decided April 28, 1933.

On appeal from the Supreme Court in which a summary judgment for the plaintiff was entered upon the striking out of the answer by the Honorable Henry H. Eldredge, Circuit Court judge, sitting as commissioner, whose opinion is printed in 10 N.J. Mis. R. 938; 161 Atl. Rep. 645.

For the appellants, Patrick H. Hardin.

For the respondent, Albert S. Woodruff.

PER CURIAM.

The judgment under review will be affirmed, for the reasons given in the opinion of Commisioner Eldredge.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 15.

For reversal — None.

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