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GYPSUM CONTRACTORS, INC. v. AMERICAN SURETY COMPANY

37 N.J. 315 (1962)

181 A.2d 174

GYPSUM CONTRACTORS, INC., PLAINTIFF-RESPONDENT, v. AMERICAN SURETY COMPANY OF NEW YORK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 7, 1962.

Attorney(s) appearing for the Case

Mr. J. Norman Brierley argued the cause for plaintiff-respondent (Mr. Joseph Pierce Lodge, attorney).

Mr. Edwin T. Ferren, III, argued the cause for defendant-appellant (Messrs. Richman and Berry, attorneys, by Mr. Edward I. Berry, Jr., a member of the firm).

The opinion of the court was delivered by FRANCIS, J.

Plaintiff, Gypsum Contractors, Inc., a subcontractor, instituted this suit in the Superior Court, Law Division, on two bonds furnished by defendant, American Surety Company of New York, on behalf of the general contractor, F.D. Rich Construction Co., Inc. The bonds were to secure payment for all labor and materials furnished in the prosecution of the work covered by the principal contracts calling for the construction...

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