Mortgage Corp. of NJ v. Aetna Cas. & Surety Co.

The opinion of the court was delivered by

Oliphant, J.

This is an appeal from a judgment of “no cause of action” entered by direction of the trial judge in the Superior Court, Law Division, Essex County, in favor of the defendant and against the appellant. It Is a companion appeal to the appeal disposed of by this court in Mortgage Corporation of New Jersey v. Aetna Casualty & Surety Co., 19 N. J. 30 (1955). While the appeal was pending in the Appellate Division we certified it on our own motion.

This appeal relates to the cause of action in the second count of the complaint filed by the…