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MANASQUAN SAVINGS & LOAN ASSN. v. MAYER

98 N.J. Super. 163 (1967)

236 A.2d 407

MANASQUAN SAVINGS AND LOAN ASSOCIATION, A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. LYNN S. MAYER (PRESENTLY KNOWN AS LYNN STONE) (OTHER DEFENDANTS NAMED IN ORIGINAL COMPLAINT ARE NOT APPELLANTS HEREIN), DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1967.

Attorney(s) appearing for the Case

Mr. Arnold B. Levin for appellant (Messrs. Pappa, Yaccarino & Widman, attorneys).

Mr. Owen B. Pearce for respondent (Messrs. Pearce and Pearce, attorneys).

Before Judges CONFORD, COLLESTER and LABRECQUE.

PER CURIAM.

Plaintiff loaned defendant and her husband $22,000 on a real estate mortgage to build a home, on the strength of her affidavit of title reciting in three places that she was of age. In fact she was 19. Thereafter she and her husband separated, abandoned the property and defaulted on the mortgage payments. In the subsequent foreclosure defendant counterclaimed, asserting her infancy and the consequent alleged invalidity of her execution of the mortgage...

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