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EHNES v. KING

50 N.J. Super. 109 (1958)

141 A.2d 62

FRED C. EHNES, ASSIGNEE, PLAINTIFF-APPELLANT, v. WILLIAM (R.) KING, EXECUTOR OF THE ESTATE OF IRENE KING, ALSO KNOWN AS IRENE R. (OR G.) CONNELLY, DECEASED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 5, 1958.

Attorney(s) appearing for the Case

Mr. Benjamin Nessanbaum argued the cause for appellant.

Mr. Frank E. Vittori argued the cause for respondent.

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

The present action was instituted by plaintiff in March 1956 when he proceeded by complaint and order to show cause under R.R. 4:85-1 et seq., R.R. 4:85-6, to revive a judgment secured in 1930 by the Broadway Merchants Trust Company against Irene King on a bond and warrant of attorney for a mortgage deficiency. Plaintiff is the assignee of that judgment through mesne assignments. He...

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