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DAVIS v. RODDIE

113 N.J. Super. 457 (1971)

274 A.2d 297

RAYMOND J. DAVIS, PLAINTIFF, v. ROBERT J. RODDIE, DEFENDANT AND THIRD PARTY PLAINTIFF-RESPONDENT, v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, THIRD PARTY DEFENDANT-APPELLANT AND FOURTH PARTY PLAINTIFF, v. BROADWAY BANK AND TRUST COMPANY, FOURTH PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1971.

Attorney(s) appearing for the Case

Mr. Richard D. Catenacci argued the cause for Third Party defendant-appellant, New Jersey Manufacturers Insurance Company, (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys; Mr. Catenacci of counsel and on the brief).

Mr. Jonathan Kohn argued the cause for defendant and Third Party plaintiff-respondent, Robert J. Roddie, (Mr. James D. Butler, attorney; Mr. Kohn of counsel and on the brief).

Before Judges KILKENNY, HALPERN and LANE.

The opinion of the court was delivered by HALPERN, J.A.D.

For convenience, the defendant and third-party plaintiff-respondent will be referred to as "Roddie"; the third-party defendant-appellant as "N.J.M."; and the fourth-party defendant as "bank." N.J.M. appeals from a judgment against it in favor of Roddie on the third-party complaint. The facts are as follows:

Roddie, an assigned risk under the Motor Vehicle Security-Responsibility Law (N.J.S.A.

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