Knoettner v. Integrity Corp. of N.J., 415.
| Decision Date | 29 June 1931 |
| Docket Number | No. 415.,415. |
| Citation | 155 A. 461 |
| Parties | KNOETTNER et al. v. INTEGRITY CORPORATION OF NEW JERSEY et al. |
| Court | New Jersey Supreme Court |
Action by Albert H. Knoettner and others, partners, trading under the firm name of A. H. Knoettner & Sons, against the Integrity Corporation of New Jersey and others, wherein the Fidelity Mortgage Finance Company, Inc., secured issuance of a rule to show cause directed against Marie Elizabeth Fox, assignee of judgment theretofore secured by plaintiffs for purpose of having judgment set aside and canceled of record.
Rule discharged.
Argued January term, 1931, before CASE, DALY, and DONGES, JJ.
W. Louis Bossle, of Camden, for the rule.
Waddington & Mathews, of Camden, contra.
This is on a rule to show cause issued to Fidelity Mortgage Finance Company, Inc., prosecutor, and directed against Marie Elizabeth Fox, respondent. Respondent is the assignee of a judgment rendered in favor of the plaintiffs against the defendants by confession on bond and warrant of attorney. Two of the defendants, namely, William B. Fox and Alice E. Fox, his wife, subsequent to the entry of the judgment, executed a bond and a mortgage on real estate to codefendant, Integrity Corporation of New Jersey, which mortgagee assigned the bond and mortgage to Fidelity Mortgage Finance Company, Inc. The last named corporation, prosecutor, seeks by its rule to have the judgment set aside and canceled of record upon the ground that the affidavit annexed to the bond, upon which judgment was confessed, is insufficient in that it does not set forth the true consideration of the bond for which the judgment was confessed.
The affidavit recites that except for $15, which, by the terms of the bond, was to be paid by the obligors for reducing the bond to judgment, the amount of the obligation was made up of $326.63, an indebtedness by Integrity Corporation of New Jersey to the obligees "for...
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Harrison v. Dqbkin
...143; Gaskill & Sons v. Buckman, 95 N. J. Law, 14, 116 A. 692; Brandt v. Tartar, 145 A. 225, 7 N. J. Misc. 229; Knoettner V. Integrity Corp. of N. J., 155 A. 461, 9 N. J. Misc. 745; Haddonfield National Bank v. Hippie, 110 N. J. Law, 271, 164 A. 575; 34 Corpus Juris The present application, ......
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Knoettner v. Integrity Corp. of N.J.
...of New Jersey and others. From a judgment discharging a rule to open a judgment entered on a bond and warrant of attorney (155 A. 461, 9 N. J. Misc. R. 745), the defendants Affirmed. W. Louis Bossle, of Camden, for appellants. Waddington & Mathews, of Camden, for appellee Marie Elizabeth Fo......