From Casetext: Smarter Legal Research

Brogan CAD.-OLDS. Corp. v. Cent. Jersey Bk. TR

Superior Court of New Jersey, Appellate Division
May 4, 1983
190 N.J. Super. 500 (App. Div. 1983)

Opinion

Argued April 19, 1983 —

Decided May 4, 1983.

On appeal from the Superior Court, Law Division, Passaic County, 183 N.J. Super. 333.

Before Judges MICHELS, PRESSLER and TRAUTWEIN.

Michael J. Sweeney argued the cause for appellant ( Cole, Geaney, Yamner Byrne, attorneys; Peter R. Bray and Michael J. Sweeney on the brief).

J. Peter Sokol argued the cause for the respondent ( McOmber McOmber, attorneys).


We affirm the judgment substantially for the reasons set forth in Judge Schwartz' opinion reported at 183 N.J. Super. 333 (Law Div. 1981).

We further note that in the context of this transaction, defendant bank should be held to no higher standard of care than any other business entity whose checks are stolen. The check here was neither a certified check nor a cashier's check, both of which imply a guarantee of payment. Here defendant bank was not the payor of the instrument but only its drawer. Thus, the legal risks inherent in accepting the check here in question were no different than those involved in accepting any other business or personal check.

Affirmed.


Summaries of

Brogan CAD.-OLDS. Corp. v. Cent. Jersey Bk. TR

Superior Court of New Jersey, Appellate Division
May 4, 1983
190 N.J. Super. 500 (App. Div. 1983)
Case details for

Brogan CAD.-OLDS. Corp. v. Cent. Jersey Bk. TR

Case Details

Full title:BROGAN CADILLAC-OLDSMOBILE CORP., PLAINTIFF-APPELLANT, v. THE CENTRAL…

Court:Superior Court of New Jersey, Appellate Division

Date published: May 4, 1983

Citations

190 N.J. Super. 500 (App. Div. 1983)
464 A.2d 1141

Citing Cases

TAE KIM v. BUDGET RENT A CAR

There is nothing in the record indicating that Budget had ever had a car stolen from its administrative…

Port Auth. of N.Y., N.J. v. Arcadian

Compare Brogan Cadillac-Oldsmobile Corp. v. Central Jersey Bank and Trust Co., in which the defendant bank's…