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MORRIS CTY. INDUSTRIAL PARK v. THOMAS NICOL CO.

35 N.J. 522 (1961)

173 A.2d 414

MORRIS COUNTY INDUSTRIAL PARK, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THOMAS NICOL CO., A NEW JERSEY CORPORATION, NEW JERSEY TURNPIKE AUTHORITY, A BODY CORPORATE AND POLITIC, STANDARD ACCIDENT INSURANCE COMPANY, A CORPORATION OF THE STATE OF MICHIGAN, DEFENDANTS-RESPONDENTS AND L.G. KITCHELL, INC., A NEW JERSEY CORPORATION, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 28, 1961.

Attorney(s) appearing for the Case

Mr. David Pressler argued the cause for appellant (Messrs. Okin and Pressler, attorneys; Miss Sylvia B. Pressler, on the brief).

Mr. Donald J. Cunningham argued the cause for respondents (Mr. Vincent P. Keuper, attorney; Mr. Cunningham, on the brief).

The opinion of the court was delivered by HALL, J.

This case involves a problem of the extent of protection given a materialman by the municipal mechanics' lien law, N.J.S. 2A:44-125, et seq., and the bond act, N.J.S. 2A:44-143, et seq.

Plaintiff supplied dirt from its pit to defendant L.G. Kitchell, Inc., which had a contract with defendant Thomas Nicol Co. to furnish fill needed in Nicol's work as general contractor on a public...

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