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McCLOSKEY v. M.P.J. CO.

70 N.J. Super. 46 (1961)

174 A.2d 742

JOSEPH McCLOSKEY, PLAINTIFF-APPELLANT, v. M.P.J. CO., A CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS, AND JOHN F. O'NEILL AND JOHN M. CULLERTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1961.

Attorney(s) appearing for the Case

Mr. Charles S. Gaines, attorney for appellant.

Messrs. Mayer and Mayer, attorneys for respondent John F. O'Neill.

Messrs. Koehler, Augenblick & Freedman, attorneys for respondent John M. Cullerton.

Before Judges GOLDMANN, FOLEY and LEWIS.

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

Plaintiff, Joseph McCloskey appeals from a final judgment of the Superior Court, Chancery Division, Essex County, determining that a collateral bond of defendants John F. O'Neill and John M. Cullerton was governed by N.J.S. 2A:50-2 and that suit thereon, prior to a foreclosure of the mortgage security, was premature. The single issue on this appeal is the application of the statute to said bond...

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