Court Investment Co. v. Perillo

The opinion of the court was delivered by

Francis, J.

The issue here is whether the trial court erred in reopening a default judgment obtained on November 24, 1945 by plaintiff Court Investment Company against defendants Millie Perillo and Donato Perillo, husband and wife. The Appellate Division, with Judge Kilkenny dissenting, reversed and reinstated the judgment. Defendants appealed to this Court. R. R. 1:2-1.

On May 10, 1928 defendants gave a bond and third mortgage on their premises in Newark, N. J. to Salvatore Carrera to secure an indebtedness of $1800. On June 8, 1928 Carrera assigned the…