New Jersey Mortgage & Investment Co. v. Dorsey

The judgment is affirmed substantially for the reasons expressed in the Appellate Division opinion, 60 N. J. Super. 299 (1960). The nature of the case is such, however, that some additional observations are desirable.

Plaintiff relied in large measure on Colonial Discount Co. v. Bures, 8 N. J. Misc. 124 (Sup. Ct. 1930), affirmed o. b. 107 N. J. L. 374 (E. & A. 1931), to sustain the right to recover. It cannot escape attention that the per curiam opinion there, which cites no cases or authorities, contains no discussion of the defense of fraud in the factum. We have examined the original record…