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COMM'L UNION INS. CO. v. THOMAS-AITKEN CONSTR. CO.

91 N.J. Super. 13 (1966)

218 A.2d 892

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, PLAINTIFF-APPELLANT, v. BURT THOMAS-AITKEN CONSTRUCTION COMPANY, ET AL., DEFENDANTS, AND PROSPECT NATIONAL BANK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1966.

Attorney(s) appearing for the Case

Mr. Theodore W. Geiser argued the cause for plaintiff-appellant (Messrs. Pindar, McElroy, Connell & Foley, attorneys).

Mr. Reginald F. Hopkinson argued the cause for defendant-respondent (Messrs. Jeffer, Walter & Tierney, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.

PER CURIAM.

Plaintiff appeals from a summary judgment granted in favor of defendant Prospect Park National Bank (bank).

On April 2, 1962 plaintiff issued a construction bond for defendant Burt Thomas-Aitken Company (Burt Co.), which company had agreed to build a school for Hillsdale Board of Education. Burt Co. later defaulted on that job. Plaintiff allegedly paid out over $100,000 and lost about $75,000 as a result of that default.

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