Asbury Park & Ocean Grove Bank v. Giordano
Cases that cite this one
7 later published cases cite this decision.
- 79-83 Thirteenth Avenue, Ltd. v. DeMarco (N.J. 1965)
- 79-83 Thirteenth Ave., Ltd. v. DeMarco (N.J. Super. Ct. App. Div. 1963)
- Silver v. Williams (N.J. Super. Ct. App. Div. 1962)
- Poultrymen's Service Corp. v. Brown (N.J. Super. Ct. App. Div. 1962)
- McCloskey v. MPJ CO. (N.J. Super. Ct. App. Div. 1961)
- Birkins v. Seaboard Service (District Court, D. New Jersey 1950)
- Wildwood Title & Trust Co. v. Geisenhoner (N.J. 1933)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
If there appeared to be any substantial merit in this application, we should refuse to consider it unless on a notice to the plaintiff below, or on the return of a rule to show cause. But an examination of the appeal papers shows that the suit was against defendant on a promissory note, and that the defense, which was admitted in point of fact, was that a mortgage had been given to secure the note, and was held by the bank, and defendant therefore claimed that no action at law would lie on the note until the mortgage had been first foreclosed. This is the sole point in the state of the case as settled by the District Court, and it is devoid of merit, because the act of 1880, requiring prior foreclosure, applies only to bonds and mortgages for the same indebtedness and does not apply to notes. This has been the uniform understanding of the bar and courts for many years.
The application is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.