Commercial Union Insurance v. Burt Thomas-Aitken Construction Co.

The opinion of the court was delivered by

Weintuaub, C. J.

Plaintiff, a surety company, sues on an indemnity agreement to recoup a loss on a performance bond. One of the indemnitors having asserted that his signature on the indemnity agreement was forged, plaintiff joined the notary public who took the acknowledgment on that agreement and joined also the bank by whom the notary was employed. The bank denied the notary acted as its employee and on that basis it prevailed upon a motion for summary judgment. 87 N. J. Super. 287 (Law Div. 1965). The Appellate Division reversed, 91 N. J. Super. 13…