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Girard Acceptance Corp. v. Boyle

Decided: March 25, 1970.

GIRARD ACCEPTANCE CORPORATION, PLAINTIFF-RESPONDENT,
v.
JOHN L. BOYLE AND MARGARET E. BOYLE, HIS WIFE, DEFENDANTS-APPELLANTS



Goldmann, Lewis and Matthews. The opinion of the court was delivered by Lewis, J.A.D.

Lewis

Defendants John and Margaret Boyle appeal from a dismissal of their answer and counterclaim in a foreclosure action, and from the final judgment of the Chancery Division rendered in favor of plaintiff Girard Acceptance Corporation (herein Girard).

We recite only the alleged facts pertinent to the issues on appeal. On March 2, 1967 defendant-husband (herein Boyle) visited Robin Ford, an automobile dealer in Pennsylvania, and traded his 1966 Volkswagen bus for a 1966 Ford station wagon. The selling price of the Ford was $3395, on account of which Boyle was allowed a trade-in value of $1745 for the Volkswagen. What he still owed on

the Volkswagen exceeded the trade-in allowance by $286. The cost of the new vehicle, including the item of $286, taxes, insurance, interest and financing charges, totaled $5603.52.

In consummating the transaction Boyle signed a number of papers, including (a) a bailment lease-security agreement in favor of Robin Ford which concluded with 24 small-print paragraphs, some with subdivisions, at the end of which agreement is a separate printed form of "assignment without recourse" to Girard; (b) a judgment confession note of $5603.52 payable to Girard; (c) a one-page, 12-line printed "indenture," which purported to further secure to Girard the stated indebtedness, "according to a certain note or obligation bearing even date herewith," by a mortgage on defendants' residence described therein as "Premises 780 Devenney Drive, Bellmawr, N.J.," and (d) a "Declaration of No Set-off Covering Assignment of Lease for Motor Vehicles" to Robin Ford, on the reverse side of which is written "Our payments are 116.74 per month for 48 mos. for which we are signing a mortgage to be recorded."

Mrs. Boyle was not with her husband at Robin Ford's on March 2. She testified that on the following day, while her husband was at work, "someone" came to their home in Bellmawr, N.J., and presented papers to her and she signed them. In her pretrial depositions she testified:

Q. Did you know that you were signing a mortgage on your home?

A. No, I didn't, never.

Q. Did you indicate that you signed because your husband had already signed?

A. Yes.

Q. You didn't read them because you were in a hurry, ...


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