HIMC INVESTMENT CO. v. SICILIANO


103 N.J. Super. 27 (1968)

246 A.2d 502

HIMC INVESTMENT COMPANY, A CORPORATION OF THE STATE OF PENNSYLVANIA, PLAINTIFF, v. THOMAS F. SICILIANO AND PHYLLIS SICILIANO, JOINTLY AND SEVERALLY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided August 20, 1968.


Attorney(s) appearing for the Case

Mr. Clarence Blitz, attorney for plaintiff.

Mr. Donald M. Karp for defendants (Messrs. Lesnik & Amoscato, attorneys).


HORN, J.S.C.

This is an action on a promissory note secured by a mortgage second in lien upon a house owned by defendants. Defendants counterclaim for the cancellation of the mortgage and for the discharge of the underlying obligation. A jury was not demanded.

On December 10, 1965 defendants Thomas F. Siciliano and his wife Phyllis Siciliano, in response to a newspaper advertisement in the Asbury Park Evening Press, called the "First Prudential Co. of Penna...

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