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APPELL v. REINER

81 N.J. Super. 229 (1963)

195 A.2d 310

FREDERICK W. APPELL, PLAINTIFF, v. ROBERT J. REINER AND ELSIE REINER, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 1, 1963.

Attorney(s) appearing for the Case

Mr. Harold J. Brown for plaintiff (Messrs. Joyce & Brown, attorneys).

Mr. Martin J. Kole for defendants.

COLLESTER, J.S.C.

Plaintiff Frederick W. Appell instituted an action in this court to foreclose two mortgages, allegedly in default, given by defendants Robert J. Reiner and Elsie Reiner, his wife. Defendants counterclaimed to cancel said mortgages on the ground, inter alia, of a lack of consideration.

At the conclusion of plaintiff's case defendants moved pursuant to R.R. 4:42-2(b) to dismiss the complaint because,

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