State of New Jersey, by Theodore D. Parsons, Attorney-General of the State of New Jersey, Plaintiff-Respondent, v…

Summary

The Supreme Court of New Jersey reversed the trial court’s denial of counsel fees to Otis Elevator Company and remanded for an award, holding that Rule 3:54-7 permits such fees when a fund is in court. The Court reasoned that escheat proceedings create a fund and the defendant’s work preserves it, making a fee appropriate. Two dissenting justices argued that the Escheat Act’s legislative policy forbids any fee to the custodian and that the majority improperly expands procedural rules.