GENERAL ELECTRIC CREDIT CORP. v. CASTIGLIONE


142 N.J. Super. 90 (1976)

360 A.2d 418

GENERAL ELECTRIC CREDIT CORPORATION, PLAINTIFF, v. JAMES P. CASTIGLIONE, T/A J. CARSTE LEASING AND JOSEPH CASTORO AND SOUTH BRUNSWICK ASPHALT, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 4, 1976.


Attorney(s) appearing for the Case

Mr. Roger R. Gottilla for plaintiff (Messrs. Eichler and Forgosh, attorneys; Mr. Gottilla on the brief).

Mr. Coleman T. Brennan for defendants Joseph Castoro and South Brunswick Asphalt (Messrs. Cahill, McCarthy and Hicks, attorneys; Mr. Brennan on the brief).


STEIN, J.C.C., Temporarily Assigned.

The novel question presented by this case is whether a creditor under a retail installment contract can collect the entire unpaid contract balance from the defaulting debtor in the absence of an acceleration clause.

Alternatively, the creditor contends that the individual guarantors to this retail installment agreement have an obligation broader in scope and greater than that imposed upon the original contracting debtor...

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