Comly v. First Camden National Bank & Trust Co.

Burling, C. C. J. and S. C. C.

Motion has been made to strike out the complaint upon the ground that the same fails to disclose a cause of action against the defendant (Supreme Court rule 40; N. J. S. A. tit. 2).

The specified grounds are seven in number, and these may be dealt with in two categories:

*1241— That the obligations arising out of the contract are not. enforceable against the defendant as it was not a party to it. (Nos. 1, 2 and 3).

2— That by the construction of the terms of the agreement-upon which suit-is based and subsequent pleaded facts, plaintiff cannot prevail (Nos. 4, 5, 6 and 7).