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STRULOWITZ v. ANTHONY BLDG. & LOAN ASSOC.

115 N.J. Super. 481 (1971)

280 A.2d 223

GIZELLA STRULOWITZ AND HERMAN STRULOWITZ, PLAINTIFFS, v. SUSAN B. ANTHONY BUILDING AND LOAN ASSOCIATION, NOW KNOWN AS SUSAN B. ANTHONY SAVINGS AND LOAN ASSOCIATION, A BANKING ASSOCIATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided July 9, 1971.

Attorney(s) appearing for the Case

Mr. Milton C. Yarrow, attorney for plaintiffs.

Miss Jennie E. Precker for defendant (Messrs. Precker & Precker, attorneys; Mr. Alfred C. Clapp, of counsel.

HERBERT, J.S.C.

On April 6, 1971 plaintiffs brought this action to have the court determine the amount due on a mortgage plaintiffs had given to defendant in 1959 and for cancellation of that mortgage upon payment of the amount so determined. Because a contract had been made to sell the mortgaged premises free and clear of liens, plaintiffs sought interlocutory relief and, after argument on the adjourned return date of an order to show cause, they were

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