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TRADESMENS NAT. BANK AND TRUST CO. v. CUMMINGS

38 N.J. Super. 1 (1955)

118 A.2d 80

TRADESMENS NATIONAL BANK AND TRUST COMPANY, PLAINTIFF-APPELLANT, v. WILLIAM H. CUMMINGS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1955.

Attorney(s) appearing for the Case

Mr. Wilfred B. Wolcott argued the cause for the plaintiff-appellant (Mr. Walter Carson, attorney).

Mr. David Novack argued the cause for the defendant-respondent.

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

The plaintiff Tradesmens National Bank and Trust Company appeals from a judgment entered in favor of the defendant William H. Cummings, and from a previous order opening and setting aside a default judgment theretofore entered in favor of the plaintiff and permitting the defendant to file an answer in the cause.

On January 7, 1933 the plaintiff recovered a judgment against the defendant in the former...

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