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NATIONAL SURETY CORP. v. BARTH

20 N.J. Super. 100 (1952)

89 A.2d 104

NATIONAL SURETY CORPORATION, PLAINTIFF, v. ARTHUR F. BARTH, INDIVIDUALLY, & C., ET AL., DEFENDANTS, AND CHARLES MARTINI, ET AL., PLAINTIFFS, v. ARTHUR F. BARTH, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided May 28, 1952.

Attorney(s) appearing for the Case

Mr. Charles A. Rooney for the plaintiff National Surety Corporation.

Mr. Chester K. Ligham for the defendants Charles R. Erdman, Jr., Administrator of Public Housing and Development Authority, Department of Economic Development of the State of New Jersey, and J. Lindsay De Valliere, State Commissioner of Taxation and Finance (Mr. Theodore D. Parsons, Attorney-General of New Jersey).

Mr. Herman D. Ringle, for the defendant Division of Employment Security of the Department of Labor and Industry (Mr. Charles A. Malloy, attorney).

Mr. Louis Eisenstein, for Frank Martini and Charles Martini (Messrs. Eisenstein & Eisenstein, attorneys).

Mr. Joseph Mocco, for defendant Moser Kueng Lumber Co.

Mr. Charles W. Kappes, for defendant Alfred Marciano (Mr. A. Michael Lepore, attorney).

Mr. John J. Corcoran, for defendant United States of America (Mr. Grover C. Richman, Jr., United States attorney).

STANTON, J.S.C.

Arthur F. Barth, one of the defendants, entered into two contracts with the Administrator of the Public Housing and Development Authority of the State of New Jersey, hereinafter called the Administrator, for the rehabilitation of certain dwelling houses. He defaulted and National Surety Corporation, the surety on his performance bonds, and hereinafter called the plaintiff, arranged for the completion of the work. It seeks exoneration to the extent...

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