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AMERICAN INS. v. FIDELITY BANK

244 N.J. Super. 600 (1990)

583 A.2d 361

AMERICAN INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. FIDELITY BANK AND TRUST COMPANY OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1990.

Attorney(s) appearing for the Case

Grace C. Bertone argued the cause for appellant (McElroy, Deutsch & Mulvaney, attorneys; James M. Mulvaney, of counsel; Grace C. Bertone, on the brief).

James J. Kreig argued the cause for respondent (James J. Kreig, on the brief).

Before Judges GAULKIN and DREIER.

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

Plaintiff, American Insurance Company, the surety for Dion Ryle, guardian of the estate of Mary A. Duddy, an incompetent, appeals from a summary judgment for defendant, United Jersey Bank (UJB), as the successor to Fidelity Bank & Trust Co. of New Jersey. UJB was the depository chosen by Ryle. He had opened a one-signature account with statements to be sent...

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