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COM. UN. INS. CO. OF N.Y. v. THOMAS-AITKEN CONST. CO.

54 N.J. 76 (1969)

253 A.2d 469

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

The Supreme Court of New Jersey..

Argued March 17, 1969.

Decided May 19, 1969.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for appellant and cross-respondent (Messrs, Pindar, McElroy, Connell and Foley, attorneys).

Mr. Meyer Sugarman argued the cause for respondent Aitken.

Mr. Reginald F. Hopkinson argued the cause for respondent Prospect Park National Bank (Messrs. Jeffer, Walter and Tierney, attorneys).

Mr. Howard Stern argued the cause for respondent and cross-appellant (Messrs. Shavick, Thevose, Stern, Schotz and Steiger, attorneys).

The opinion of the court was delivered PER CURIAM.

Plaintiff, a surety company, sued upon an indemnity agreement to recoup a loss on a performance bond. One of the indemnitors asserted his signature was forged, whereupon plaintiff joined the notary public who took the acknowledgment on the agreement, and also the bank which employed the notary. The bank prevailed on a motion for summary judgment. The Appellate Division reversed, 91 N.J.Super. 13...

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