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EQUITABLE LIFE ASSUR. SOC. v. BAGIN

45 N.J. 206 (1965)

212 A.2d 25

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF-APPELLANT, v. ALBERT BAGIN (A/K/A ALBEN BAGIN), ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 6, 1965.

Attorney(s) appearing for the Case

Mr. Frank W. Hoak argued the cause for the plaintiff-appellant (Mr. Donald B. Jones, attorney).

Mr. Edward J. Turnbach, Assistant United States Attorney, argued the cause for the defendant-respondent United States of America (Mr. David M. Satz, Jr., United States Attorney, attorney; Mr. Martin G. Holleran, Assistant United States Attorney, on the brief).

PER CURIAM.

The plaintiff, The Equitable Life Assurance Society of the United States, held a $30,000 first mortgage and an accompanying bond which were executed, on December 19, 1960, by the defendants Albert Bagin and Erika Bagin, his wife. Upon default, the plaintiff filed a foreclosure complaint setting forth the execution of the bond and mortgage, the execution by the Bagins of a second mortgage dated December 19, 1960 and held by William Hawkey, and the filing...

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