United Security Life Insurance & Trust Co. v. Smith
Supreme Court of New Jersey
The proceeding below was by bill to foreclose a mortgage made by respondents to appellant to secure respondents’ bond in $30,000, conditioned for the payment of certain sums, the production of tax receipts and the keeping of the buildings on the mortgaged premises insured, and containing, among other provisions, one that, in case the conditions be broken, a fieri facias might issue on judgment on bond, or a scire facias upon the mortgage or proceedings to foreclose the…
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The proceeding below was by bill to foreclose a mortgage made by respondents to appellant to secure respondents’ bond in $30,000, conditioned for the payment of certain sums, the production of tax receipts and the keeping of the buildings on the mortgaged premises insured, and containing, among other provisions, one that, in case the conditions be broken, a fieri facias might issue on judgment on bond, or a scire facias upon the mortgage or proceedings to foreclose the mortgage might be instituted, and that in either event “ an attorney’s commission for collection,” viz., two per cent.,…
1Per curiam
Decree affirmed.
For affirmance — The Chiee-Justice, Depue, Dixon, Mag-ie, Reed, Van Syckel, Bogert, Brown, Clement, Krueger, Smith — 11.
For reversal — Garrison—1.
2Cited by2 opinions
- Alcoa Edgewater No. 1 Fed. Credit Union v. CarrollSupreme Court of New Jersey · 1965
- Bank of Commerce v. MarkakosNew Jersey Superior Court Appellate Division · 1956