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N.J. MTGE. AND INV. CORP. v. CALVETTI

68 N.J. Super. 18 (1961)

171 A.2d 321

NEW JERSEY MORTGAGE AND INVESTMENT CORP., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. ALBERT A. CALVETTI AND MARY CALVETTI, DEFENDANTS-APPELLANTS, v. UNITED ALUMINUM PRODUCTS, INC., A BODY CORPORATE, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Mr. Albert L. Cohn argued the cause for defendants-appellants (Messrs. David & Albert L. Cohn, attorneys; Mr. Daniel Crystal on the brief).

Mr. William Furst argued the cause for plaintiff-respondent (Mr. Furst, attorney; Mr. Leonard Rosenstein, on the brief).

Before Judges CONFORD, FREUND and KILKENNY.

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

This is an appeal by Albert A. Calvetti and his wife, Mary Calvetti, co-makers of a promissory note, from summary judgment entered in favor of New Jersey Mortgage and Investment Corp. (New Jersey Mortgage) as holder in due course of that note. The appellants challenge the propriety of the entry of judgment upon pleadings, affidavits, and answers to interrogatories...

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