Supreme Court of New Jersey, 1937

Silzer v. New Brunswick Trust Co.

Silzer v. New Brunswick Trust Co.
Supreme Court of New Jersey · Decided April 30, 1937 · Chief-Justice, Trenchard, Parker, Lloyd, Bodine, Donges, Heher, Perskie, Hetpield, Dear, Wells, Woleskeil, Raeeerty, Cole, None
192 A. 510; 121 N.J. Eq. 611; 1937 N.J. LEXIS 561

Silzer v. New Brunswick Trust Co.

Opinion of the Court

Per Curiam.

We concur in the conclusion of the learned vice-chancellor that the bill should be dismissed for want of equity.

The relationship between appellant and respondent was that of debtor and creditor. The bill does not, as contended by appellant, state a case for the termination of an express trust, and the execution of a resulting trust arising in consequence thereof; nor does it allege any other ground for equitable interposition. If the condition of the contract has been fulfilled, there is, so far as the bill discloses, an adequate remedy at law.

The decree is accordingly affirmed.

For affirmance — The Chief-Justice, Trenchard, Parker, Lloyd, Case, Bodine, Donges, Heher, Perskie, Hetpield, Dear, Wells, WolesKeil, Raeeerty, Cole, JJ. 15. For reversal — None.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.