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ELIASZ v. BROADWAY BANK AND TRUST CO.

33 N.J. 470 (1960)

166 A.2d 166

STEFAN ELIASZ AND PEARL ELIASZ, HIS WIFE, PLAINTIFFS-APPELLANTS, v. BROADWAY BANK AND TRUST COMPANY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided December 5, 1960.

Attorney(s) appearing for the Case

Mr. Andrew Mainardi, Jr., argued the cause for plaintiffs-appellants (Messrs. Mainardi & Mainardi, attorneys).

Mr. Leonard I. Garth argued the cause for defendant-respondent (Messrs. Cole, Berman & Garth, attorneys).

PER CURIAM.

This is an action to recover interest which was included in a note paid by plaintiffs to defendant in full before maturity. The County District Court granted defendant's motion for summary judgment, and the Appellate Division affirmed, one judge dissenting. 62 N.J.Super. 1 (1960). The appeal is before this court as of right. R.R. 1:2-1(b).

The facts of this case are set forth in the majority...

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