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CHANDLER MOTORS, INC. v. DUNHAM

127 N.J. Super. 320 (1974)

317 A.2d 386

CHANDLER MOTORS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN E. DUNHAM AND FRANKLIN STATE BANK, DEFENDANTS-RESPONDENTS, v. CONCORD INSURANCE COMPANY, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 22, 1974.

Attorney(s) appearing for the Case

Messrs. Kaplowitz and Wise, attorneys for appellant (Mr. Robert Frank, of counsel and on the brief).

Messrs. Winetsky and Winetsky, attorneys for respondent Dunham (Mrs. Charles N. Winetsky, on the brief).

Messrs. Eichler and Forgosh, attorneys for respondent Franklin State Bank (Mr. Peter A. Forgosh, on the brief).

Before Judges KOLOVSKY, FRITZ and CRANE.

PER CURIAM.

On May 28, 1970 defendant Dunham purchased an automobile from plaintiff under a retail installment contract. He delivered to plaintiff, as part of the purchase price, a draft which had been issued by Concord Insurance Company to Dunham and Franklin State Bank in the sum of $2250.

The draft, dated May 25, 1970, read in pertinent part as follows:

Upon acceptance by Concord Insurance Company...

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