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Francis v. United Jersey Bank

New Jersey Superior Court, Appellate Division


Decided: October 26, 1979.

JOHN J. FRANCIS, HUGH P. FRANCIS AND J. RAYMOND BERRY, TRUSTEES OF PRITCHARD & BAIRD INTERMEDIARIES CORP., PRITCHARD & BAIRD, INC., P & B INTERMEDIARIES CORP., AND P & B, INC., PLAINTIFFS-RESPONDENTS,
v.
UNITED JERSEY BANK, ADMINISTRATOR OF THE ESTATE OF CHARLES H. PRITCHARD, LILLIAN P. OVERCASH, EXECUTRIX OF THE ESTATE OF LILLIAN G. PRITCHARD AND LILLIAN P. OVERCASH, DEFENDANTS-APPELLANTS

On appeal from Superior Court of New Jersey, Law Division, Morris County, whose opinion appears at 162 N.J. Super. 355, 392 A.2d 1233 (1978).

Fritz, Kole and Lane.

Per Curiam

[171 NJSuper Page 35] We cannot concur with the trial judge in his opinion that the defalcations which here concern us and which are so indisputably manifest might be characterized as fraudulent conveyances as that term is known to the law. The fact is that essentially all

[171 NJSuper Page 36]

the misappropriated monies were actually trust funds. Conversion would be a more appropriate term. The distinction does not affect the result or our view of its propriety.

We affirm substantially for the reasons set forth in the opinion of the trial judge, 162 N.J. Super. 355 (Law Div. 1978), following a motion for new trial or in the alternative a reduction in the judgment, supplementing an oral opinion delivered at the conclusion of the trial, and in turn supplemented by a letter dated August 18, 1978.

19791026


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