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THERMO CONTRACTING CORP. v. BANK OF N.J.

69 N.J. 352 (1976)

354 A.2d 291

THERMO CONTRACTING CORP., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE BANK OF NEW JERSEY, A BANKING CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS, AND SEABROOK FARMS CO., INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided March 12, 1976.

Attorney(s) appearing for the Case

Mr. Robert A. Baron argued the cause for appellant.

Mr. Samuel Kalikman argued the cause for respondents the Bank of New Jersey, et al.

Mr. Mitchell S. Camp argued the cause for respondent Seabrook Farms, Inc. (Messrs. Gladstone, Hart, Mandis, Rathe & Shedd, attorneys).

The opinion of the court was delivered by CONFORD, P.J.

A.D., Temporarily Assigned. This appeal turns on the question whether plaintiff ("Thermo") ratified unauthorized indorsements by a subcontractor of checks payable to Thermo for contracting work it did so as to preclude actions by it against the collecting and drawee banks and against the drawer of the checks. The Law Division decided the issue against plaintiff and granted summary judgment against it based on...

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