On motions to dismiss indictments.
By separate motions consolidated for argument and disposition, the defendants seek to dismiss nine indictments against them returned by the Bergen County Grand Jury, September Term 1951, filed June 12, 1952, under which the defendants pleaded not guilty when arraigned June 3, 1953. The motions to dismiss the indictments were noticed for August 20, 1952, but not heard until July 20, 1954.
The same defendants are named and charged in the nine indictments as "Closter Village, Inc., a corporation of the State of New Jersey, Sidney V. Stoldt, Carl C. Low and Louis Antovel, they, then being officers and directors of said Closter Village, Inc., a corporation of the State of New Jersey * * *"
Seven of the indictments, Nos. 17337, 17338, 17341, 17342, 17343, 17344, and 17345, are each for violation of R.S. 2:124-16, varying only as to the complaining witnesses, lot and block numbers, and amount of money. The defendants are charged:
"* * * being then and there contractors, and that as such they did enter into a contract with (names of complaining witnesses) for the construction of a certain dwelling house upon certain lands known as Lot (number) Block (number) on 'Map of Closter Village, Section 4, Closter, Bergen County, N.J.' and that they did receive from the said (names of complaining witnesses,) purchasers under said
contract, the sum of [amount) in lawful money of the United States of America for the purpose of paying all claims due or to become due and owing from them the said contractors, for labor and materials incident to the construction of the dwelling house aforesaid, but despite the specific purpose for which the aforesaid sum of [amount) was placed in their hands, the said Closter Village, Inc., a corporation of the State of New Jersey, Sidney V. Stoldt, Carl C. Low, and Louis Antovel, being then and there officers and directors of Closter Village, Inc., did wilfully and unlawfully appropriate, or consent thereto, the aforesaid monies for purposes other than the payment of labor and material due or to become due from them for the construction of the aforesaid dwelling house prior to the payment of all claims and charges, for the payment of which such funds constitute a trust fund under the statute in violation of R.S. 2:124-16 * * *"
These seven are referred to as the trust fund indictments.
Two of the indictments, Nos. 17339 and 17340, are each for violation of R.S. 2:124-11 charging the defendants,
"* * * being then and there the agents of (names of the complaining witnesses,) and as such entrusted with the care of certain moneys then and there the properety of the said (the complaining witnesses,) they did then and there fraudulently take and convert to their own use the sum of [amount), moneys of the said (complaining witnesses) and lawful money of the United States of America, with intent to deprive the said (complaining witnesses) thereof, in violation of N.J.S. 2:124-11, * * *"
These two are referred to as the conversion indictments.
All the indictments date the acts complained of within the period August 22, ...