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COMM'L UNION INS. CO. v. BURT THOMAS-AITKEN CONSTR. CO.

49 N.J. 389 (1967)

230 A.2d 498

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, PLAINTIFF-RESPONDENT, v. BURT THOMAS-AITKEN CONSTRUCTION COMPANY, ET AL., DEFENDANTS, AND PROSPECT PARK NATIONAL BANK, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 5, 1967.

Attorney(s) appearing for the Case

Mr. Reginald F. Hopkinson argued the cause for defendant-appellant (Messrs. Jeffer, Walter and Tierney, attorneys).

Mr. Theodore W. Geiser argued the cause for plaintiff-respondent (Mrs. Sonia Napolitano, on the brief; Messrs. Pindar, McElroy, Connell and Foley, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiff, a surety company, sues on an indemnity agreement to recoup a loss on a performance bond. One of the indemnitors having asserted that his signature on the indemnity agreement was forged, plaintiff joined the notary public who took the acknowledgment on that agreement and joined also the bank by whom the notary was employed. The bank denied the notary acted as its employee and on that basis it prevailed...

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