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FIRST COUNTY NAT. BANK & TRUST CO. v. CANNA

124 N.J. Super. 154 (1973)

305 A.2d 442

FIRST COUNTY NATIONAL BANK AND TRUST COMPANY, NOW BY MERGER NATIONAL BANK AND TRUST COMPANY OF GLOUCESTER COUNTY, PLAINTIFF-APPELLANT, v. ANTHONY L. CANNA, ANNE B. CANNA AND MICHAEL DIODATO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 1973.

Attorney(s) appearing for the Case

Messrs. Granite and Chell, attorneys for appellant.

Mr. Samuel G. DeSimone, attorney for respondents (Mr. P. Jeffrey Wintner, on the brief).

Before Judges LORA, ALLCORN and HANDLER.

PER CURIAM.

In 1969 plaintiff brought suit against defendant Michael Diodato, and on November 18, 1970 judgment was entered in favor of plaintiff and against Diodato for $2,402.65.

Between the time of commencement of said action and the entry of judgment therein defendant Anthony L. Canna claims to have loaned to Diodato (his brother-in-law) the sum of $2,200 to enable the latter to purchase a used Cadillac automobile. The loan was all in cash — defendant...

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