BOWERY SAVINGS BANK v. RILLO


2 N.J. Super. 268 (1949)

63 A.2d 548

THE BOWERY SAVINGS BANK, PLAINTIFF, v. MICHAEL RILLO ET ALS., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 24, 1949.


Attorney(s) appearing for the Case

Mr. William Dickson Cunningham, attorney for plaintiff.

Mr. Victor Samuel, attorney for defendant, Florence Rillo.

Mr. Eugene A. Liotta, attorney for defendant, Charles W. Goodfield.


KAYS, J.S.C.

The bill of complaint in this case was filed to foreclose a mortgage held by the plaintiff.

The defenses of fraud set up in the answer of Florence Rillo, wife of Michael Rillo, owner of the fee, were abandoned at the time of hearing.

The sole question before me concerns the priority between a judgment obtained by Florence Rillo against her husband, Michael Rillo, in a separate maintenance action and a third mortgage held by Charles W....

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