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BOROUGH OF TOTOWA v. AMERICAN SURETY CO. OF N.Y.

39 N.J. 332 (1963)

188 A.2d 586

BOROUGH OF TOTOWA, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. AMERICAN SURETY COMPANY OF NEW YORK, A NEW YORK CORPORATION, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Argued October 23, 1962.

Decided February 18, 1963.

Attorney(s) appearing for the Case

Mr. Francis R. Giardiello argued the cause for plaintiff-appellant and cross-respondent.

Mr. W. Fletcher Hock, Jr., argued the cause for defendant-respondent and cross-appellant (Mr. John W. Hand, of counsel; Messrs. Evans, Hand, Evans, Allabough and Amoresano, attorneys).

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

This is an action by the Borough of Totowa against American Surety Company of New York upon official bonds executed as surety for Wilbur Henry Hawthorne, tax collector, treasurer, and water registrar of the Borough. The case was tried without a jury. Both parties appealed from the judgment. We certified the matter before the Appellate Division heard it.

The pertinent facts are stated in connection with...

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