Picker v. City of Bayonne

We agree with the conclusion of the Appellate Division that the judgment of the trial court should be affirmed, but believe the basis of decision should be somewhat different.

Plaintiff’s judgment was for an antecedent debt of the contractor having no connection with the latter’s contract with the city. More than three months before plaintiff’s execution levy on moneys due or to become due from the city to the contractor, the city terminated the contract for repeated breaches and invoked the performance bond. All work ceased. The surety suggested it might not be liable on the bond.…