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FREGA v. NORTHERN NEW JERSEY MTG. ASS'N

51 N.J. Super. 331 (1958)

143 A.2d 885

NICHOLAS P. FREGA AND SUSAN FREGA, HIS WIFE, PLAINTIFFS-APPELLANTS, v. NORTHERN NEW JERSEY MORTGAGE ASSOCIATION, A NEW JERSEY CORPORATION, AND LAWYERS MORTGAGE AND TITLE COMPANY, A NEW YORK CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1958.

Attorney(s) appearing for the Case

Mr. Thomas M. Maher argued the cause for plaintiffs-appellants.

Mr. Elias D. Haut argued the cause for defendants-respondents.

Before Judges STANTON, HALL and GAULKIN.

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

Plaintiffs sued in two counts. The case was tried with a jury. After plaintiffs rested, the trial court granted defendant's motion for judgment of dismissal of the second count. The defendants then rested without offering any testimony, even against the first count. The trial judge thereupon directed a verdict in plaintiffs' favor on the first count for $250. Plaintiffs appeal from the dismissal of the second...

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