On appeal from the Circuit Court of the county of Bergen.
For the plaintiffs-respondents Kahn & Feldman, Inc., Evans, Smith & Evans (David G. Smith, of counsel).
For the plaintiffs-respondents National Silk Dyeing Co., Davies & Davies (Frank J. Davies, of counsel).
For the defendant-appellant, Harry Joelson (Merritt Lane, of counsel).
Before Brogan, Chief Justice, and Justices Donges and Porter.
The opinion of the court was delivered by
PORTER, J. This is an appeal from a judgment of the Bergen County Circuit Court found by Judge Caffrey, sitting without a jury, in favor of both plaintiffs-respondents.
It appears that the respondent Kahn & Feldman, Inc. (hereinafter called Kahn) on February 4th, 1932, sued out a writ of attachment against Astoria Silk Works, Inc. (hereinafter called Astoria); that the sheriff of Bergen county attached certain silk goods in the possession of defendant, United Piece Dye Works (hereinafter called United); an auditor was duly appointed; plaintiff-respondent National Silk Dyeing Co. (hereinafter called National) became an applying creditor; and judgment was entered in the attachment suit on August 17th, 1932, in favor of the plaintiff-respondent Kahn for $755.41 and in favor of plaintiff-respondent National for $11,649.09. It was agreed by the parties that the attached goods were valued at the sum of $22,500 and further, that if the plaintiffs prevailed in the instant proceedings the amount of the judgment would be $15,000. The defendant's status at the time the goods in its possession were attached was that of garnishee.
The attached silk goods were produced by Astoria and sent to United to be dyed or "processed." Astoria was largely financed in its manufacturing operations by its bankers or factor L.F. Dommerich & Co. (hereinafter called Dommerich). Both Astoria and Dommerich had their offices and places of business in New York State. At the time of the attachment of these goods Astoria and Dommerich desiring to place same on the market for sale requested United to release same for that purpose, which, upon proper indemnification, was done.
On September 12th, 1932, plaintiffs-respondents sued out a writ of special scire facias under the provision of the statute, R.S. 2:42-67. Defendant pursuant to R.S. 2:42-70 appeared and plead thereto that it had no goods of Astoria in its possession, in effect a denial that the attached goods were those of Astoria. Dommerich claimed a lien on the goods as Astoria's factor.
The issue raised was whether or not the title to the silk was vested in Astoria. The attachment could only be sustained on that theory. The attorneys tried the case entirely on ...