SHALIT v. INVESTORS SAVINGS & LOAN ASS'N


101 N.J. Super. 283 (1968)

244 A.2d 151

BENJAMIN SHALIT AND MILDRED SHALIT, PLAINTIFFS, v. INVESTORS SAVINGS AND LOAN ASSOCIATION, A NEW JERSEY CORPORATION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided May 15, 1968.


Attorney(s) appearing for the Case

Mr. Julius Stein for plaintiffs (Messrs. Stein & Stein, attorneys).

Mr. John P. Walsh for defendant (Messrs. Herrigel, Bolan and Herrigel, attorneys).


The opinion of the court was delivered by ANTELL, J.S.C. (temporarily assigned).

Plaintiffs sue for $14,635 which they paid for defendant's waiver of its right to accelerate payment of a certain bond and mortgage executed by plaintiffs. Plaintiffs argue that the payment is usurious, was made under duress, and that the receipt thereof exceeded defendant's authority under the laws governing Savings and Loan Associations. On this motion by defendant for summary judgment...

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