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MORTGAGE CORP. OF N.J. v. MANHATTAN SAVINGS BANK

71 N.J. Super. 489 (1962)

177 A.2d 326

THE MORTGAGE CORPORATION OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE MANHATTAN SAVINGS BANK, A BANKING CORPORATION OF THE STATE OF NEW YORK, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 10, 1962.

Attorney(s) appearing for the Case

Mr. Everett M. Scherer for the plaintiff (Mr. Ronald M. Sturtz, on the brief; Messrs. Riker, Danzig, Marsh & Scherer, attorneys).

Mr. William Dickson Cunningham for the defendant.

LABRECQUE, J.S.C.

The plaintiff brings the present action asserting a claim that it is entitled to payment of liquidated damages pursuant to the terms of a servicing agreement entered into between it and the defendant. The plaintiff moved and the defendant countermoved for the granting of a summary judgment. Both sides conceded at the oral argument that the case was one which called for the entry of summary judgment.

The material facts are set forth in the...

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