NATIONAL COMMERCIAL TITLE & GUARANTY CO. v. KELLY

Civil No. 651.

39 F.Supp. 339 (1941)

NATIONAL COMMERCIAL TITLE & GUARANTY CO. v. KELLY.

District Court, D. New Jersey.

June 14, 1941.


Attorney(s) appearing for the Case

Lindabury, Steelman, Zink & Lafferty, of Newark, N. J. (by James L. R. Lafferty, of Newark), for plaintiff.

William F. Smith, Acting U. S. Atty., of Newark, N. J., Samuel O. Clark, Jr., Asst. Atty. Gen, and Andrew D. Sharpe and Lyle M. Turner, Sp. Assts. to Atty. Gen., for the defendant.


FORMAN, District Judge.

On and before March 4, 1933, the plaintiff was engaged in the business of lending money upon bonds and mortgages and selling such bonds and mortgages with the principal thereof and interest thereon guaranteed as to payment. These sales were made in three ways as follows:

1. Whole mortgages were assigned with a guaranty accompanying the assignment.

2. Certificates of participating interest in single mortgages were sold guaranteed...

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