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COMMERCIAL UNION INS. v. BERT THOMAS-AITKEN & C.

87 N.J. Super. 287 (1965)

209 A.2d 155

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, PLAINTIFF, v. BERT THOMAS-AITKEN CONSTRUCTION COMPANY, ESTATE OF ROBERT AITKEN, JR., WILLIAM AITKEN, ELIZABETH THOMAS PEPE, ALFRED O'CHIETTI, RICHARD KUIPHOFF, JR., AND PROSPECT PK. NATIONAL BANK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 13, 1965.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser for plaintiff (Messrs. Pindar, McElroy, Connell & Foley, attorneys; Mrs. Sonia Napolitano on the brief).

Mr. Reginald F. Hopkinson for defendant Prospect Park National Bank (Messrs. Jeffer, Walter & Tierney, attorneys).

SCHNEIDER, J.C.C. (temporarily assigned).

Defendant Prospect Park National Bank moves for summary judgment on the amended pleadings. On April 2, 1962 plaintiff issued a construction bond for Bert Thomas Aitken Construction Company as principal. Earlier in 1961 a general indemnity agreement was purportedly executed by individual defendants named in this suit, which agreement imposed liability personally on each of said defendants jointly and severally for any default...

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