Legal Opinion
Eliasz v. Broadway Bank and Trust Co.
Supreme Court of New Jersey
Decided December 5, 1960PublishedCited by 4 opinions
1Per curiam
This is an action to recover interest which was included in a note paid by plaintiffs to defendant in full before maturity. The County District Court granted defendant’s motion for summary judgment, and the Appellate Division affirmed, one judge dissenting. 62 N. J. Super. 1 (1960). The appeal is before this court as of right. R. R. 1:2-1 (b).
The facts of this case are set forth in the majority and dissenting opinions of the Appellate Division.
When there is no prepayment clause in a note, as in the present case, the maker cannot by payment in full before maturity oblige the holder to rebate…
2Cases cited2 opinions
- Skelly v. Bristol Savings BankSupreme Court of Connecticut · 1893
- Alperstein v. National City BankCity of New York Municipal Court · 1951
3Cited by4 opinions
- Norwest Bank Minnesota v. Blair Road Associates, L.P.District Court, D. New Jersey · 2003
- Resolution Trust Corp. v. MinassianDistrict Court, D. New Jersey · 1991
- Henry v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 2010
- Henry v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 2010