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MONMOUTH LUMBER CO. v. INDEMNITY INS. CO. OF N. AMERICA

21 N.J. 439 (1956)

122 A.2d 604

MONMOUTH LUMBER COMPANY, ETC., ET AL., PLAINTIFFS-RESPONDENTS, v. INDEMNITY INSURANCE CO. OF NORTH AMERICA, DEFENDANT-APPELLANT. GEORGE C. KOEPPEL & SON, INC., ETC., PLAINTIFF-RESPONDENT, v. DEAL BUILDING SITES, INC., ET AL., DEFENDANTS-APPELLANTS. IRA LETTS, TRADING AS T. LETTS & SONS, PLAINTIFF-RESPONDENT, v. DEAL BUILDING SITES, INC., ET AL., DEFENDANTS-APPELLANTS. JOE PETRILLO, ETC., PLAINTIFF-RESPONDENT, v. INDEMNITY INSURANCE CO. OF NORTH AMERICA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 7, 1956.

Attorney(s) appearing for the Case

Mr. Robert R. Witt argued the cause for the defendant-appellant Indemnity Insurance Co. of North America (Mr. Robert V. Carton, of counsel; Messrs. Durand, Ivins & Carton, attorneys).

Mr. Rocco Ravaschiere argued the cause for the plaintiffs-respondents Monmouth Lumber Company and Monmouth Concrete Company (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys).

Mr. Sverre Sorenson argued the cause for plaintiffs-respondents George C. Koeppel & Son, Inc., etc. and Ira Letts, trading as T. Letts & Sons (Mr. Harry S. Evans on the brief).

Mr. Barkave G. Elian argued the cause for plaintiff-respondent Joe Petrillo, etc.

The opinion of the court was delivered by VANDERBILT, C.J.

This is an appeal by the Indemnity Insurance Company of North America, hereafter referred to as the surety company, from four summary judgments entered against it in the Superior Court, Monmouth County, in favor of the four separate plaintiffs as unpaid laborers and materialmen in a construction project covered by its contractor's bond. These four matters were consolidated...

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