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PHOENIX ASSUR. CO. v. DAVIS

126 N.J. Super. 379 (1974)

314 A.2d 615

PHOENIX ASSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF, v. PETER, DAVIS, MAXINE DAVIS, JEROME SCHER, THOMAS A. CAMPION AND GENEVIEVE A. CAMPION, PARTNERS, t/a THOMAS A. CAMPION & CO., COMMUNITY TRUST SAVINGS & LOAN ASSOCIATION, A NATIONAL SAVINGS AND LOAN ASSOCIATION, FIRST NATIONAL STATE BANK OF NEW JERSEY, A NATIONAL BANKING CORPORATION, AND FIDELITY UNION TRUST COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 8, 1974.

Attorney(s) appearing for the Case

Mr. Edward R. Schwartz for plaintiff (Messrs. Schwartz & Andolino, attorneys).

Mr. William C. Dodd for defendant Fidelity Union Trust Company (Messrs. Riker, Danzig, Scherer & Brown, attorneys).

Mr. Philip F. McNally for defendant First National State Bank of New Jersey (Messrs. Raff, Scheider & Rudd, attorneys).

DWYER, J.S.C.

Phoenix Assurance Company (plaintiff) brings this action against First National State Bank (National), Fidelity Union Trust Company (Fidelity) and certain others who were payees on its drafts numbered 055438 for $2,800 (first draft), and 113737 for $700 (second draft). The present parties to the action are plaintiff and the two banks. A default judgment has been entered against the payee who received...

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