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OCEAN CTY. NAT'L BANK v. PALMER

188 N.J. Super. 509 (1983)

457 A.2d 1225

OCEAN COUNTY NATIONAL BANK, PLAINTIFF-APPELLANT, v. CHARLES PALMER, GUY H. HESS AND MARY C. HESS, HIS WIFE, AND FIRST COMMERCIAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1983.

Attorney(s) appearing for the Case

Dennis J. Cantoli argued the cause for appellant (Sim, Sinn, Gunning & Fitzsimmons, attorneys; Dennis J. Cantoli on the brief).

James P. Brady argued the cause for respondents Guy and Mary Hess (Novins, Farley, Grossman & York, attorneys; James P. Brady on the brief).

Timothy Boderck argued the cause for respondent First Commercial Corp. (Eichler, Forgosh, Gottilla & Rudnick, attorneys; Douglas A. Kent on the brief).

No brief was filed for respondent Palmer.

Before Judges BOTTER, POLOW and BRODY.

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

This appeal concerns the priority of liens on a boat which was sold twice by the same merchant to two different purchasers and was pledged as collateral for two loans without the first lien having been satisfied and discharged. The trial judge gave priority to the lien held by First Commercial Corporation (First Commercial) which had financed the second sale. Based upon our interpretation of the pertinent...

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