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BLOOMFIELD SAV. BANK v. HOWARD S. STAINTON AND CO.

60 N.J. Super. 524 (1960)

159 A.2d 443

BLOOMFIELD SAVINGS BANK, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. HOWARD S. STAINTON AND CO., A NEW JERSEY CORPORATION, AND HOWARD S. STAINTON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1960.

Attorney(s) appearing for the Case

Mr. Joel A. Mott, Jr., argued the cause for defendants-appellants (Mr. French B. Loveland, attorney).

Mr. Harold J. Brown argued the cause for plaintiff-respondent (Messrs. Joyce and Brown, attorneys).

Before Judges PRICE, GAULKIN and FOLEY.

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

By this appeal defendants seek to reverse a summary judgment in favor of plaintiff in a real estate mortgage foreclosure action in the Superior Court, Chancery Division. In addition, defendants contend that the court erroneously denied their motion for a summary judgment on their counterclaim. The crux of the dispute centers in the legal propriety of defendants' claim (rejected by plaintiff) that they had the...

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