DeCOSMO v. FOREMAN


64 N.J. Super. 516 (1960)

166 A.2d 607

EMIILY DeCOSMO, PLAINTIFF, v. CORNELIUS FOREMAN AND ELLEN B. FOREMAN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 15, 1960.


Attorney(s) appearing for the Case

Mr. Laurence Semel, attorney for plaintiff.

Mr. Howard G. Stackhouse, attorney for defendants.


CRANE, J.C.C.

This is an action on a promissory note. Plaintiff has moved for summary judgment on the basis of the pleadings and an affidavit as to the amount claimed to be due. The defendants have asserted the defense of fraud in the factum, alleging that the note was signed in blank and filled in for an amount greatly exceeding that for which permission was granted.

A reading of plaintiff's pleadings and affidavit reveals a number of uncertain and...

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