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SPIOTTA v. WILLIAM H. WILSON, INC.

72 N.J. Super. 572 (1962)

179 A.2d 49

JOSEPH SPIOTTA, PLAINTIFF-RESPONDENT, v. WILLIAM H. WILSON, INC., A CORPORATION OF NEW JERSEY ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1962.

Attorney(s) appearing for the Case

Mr. Herbert C. Klein argued the cause for appellants.

Mr. Benjamin Wasserman argued the cause for respondent.

Before Judges GOLDMANN, FREUND and FOLEY.

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

Defendants appeal from a Chancery Division summary judgment, as amended, in favor of plaintiff in his foreclosure action.

On July 22, 1957 plaintiff loaned $30,000 to defendant William H. Wilson, Inc., hereinafter referred to as the company. He asked for, and the company agreed to pay, a premium (so denoted in plaintiff's affidavit), of $13,000, thereby creating an indebtedness of $43,000. To evidence...

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