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FOLEY MACHINERY CO. v. AMLAND CONTRACTORS, INC.

209 N.J. Super. 70 (1986)

506 A.2d 1263

FOLEY MACHINERY COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT AND RESPONDENT, v. AMLAND CONTRACTORS, INC., D/B/A AMLAND CONTRACTORS, INC., DEFENDANT, AND THE CAMDEN FIRE INSURANCE ASSOCIATION, DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT AND APPELLANT, v. ALPINE WRECKING CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Roger A. Lowenstein argued the cause for Foley Machinery Company (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys; Roger A. Lowenstein and Robert D. Chesler, on the brief).

Anthony P. Pasquarelli argued the cause for The Camden Fire Insurance Association (Methfessel & Werbel, attorneys; Richard Grodeck, on the brief).

Jeffrey L. Reiner argued the cause for Alpine Wrecking Corporation (Meyner and Landis, attorneys; Harber & Freesman, of counsel).

Before Judges MICHELS, GAULKIN and DEIGHAN.

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

Plaintiff Foley Machinery Company (Foley) sued (1) to recover from defendant Amland Contractors, Inc. (Amland) the balance due on the purchase price of a track loader which Foley had sold to Amland, (2) to recover, as a secured party loss payee under a insurance policy issued to Amland by defendant The Camden Fire Insurance Association (Camden), for its loss arising out of the theft of the track loader and...

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