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KENSIL v. OCEAN CITY

89 N.J. Super. 342 (1965)

215 A.2d 43

THEODORE J. KENSIL, PLAINTIFF-APPELLANT, v. CITY OF OCEAN CITY: MAYOR AND COMMISSIONERS OF THE CITY OF OCEAN CITY; HOWARD STAINTON; WILLIAM S. LUFF; MARY OEHLSCHLAGER; AND JOHN A. BURRELL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1965.

Attorney(s) appearing for the Case

Mr. Alexander Feinberg argued the cause for appellant (Messrs. Evoy & Feinberg, attorneys).

Mr. Josiah E. DuBois, Jr. argued the cause for respondent City of Ocean City (Messrs. DuBois, Maiale & DuBois, attorneys).

Mr. William J. Hughes argued the cause for respondents Howard Stainton, Mary Oehlschlager and John A. Burrell (Mr. French B. Loveland, attorney).

Before Judges GOLDMANN, FOLEY and COLLESTER.

The opinion of the court was delivered by FOLEY, J.A.D.

Plaintiff appeals from a summary judgment entered in defendants' favor in the Chancery Division.

The central issue involved is whether a check, honored on presentment, but drawn and delivered at the time of the sale upon an account which at that time contained insufficient funds to cover its face amount, is a valid payment, as the Chancery Division held...

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