UNICO v. OWEN


50 N.J. 101 (1967)

232 A.2d 405

UNICO, A PARTNERSHIP OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES F. OWEN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued April 27, 1967.

Decided July 31, 1967.


Attorney(s) appearing for the Case

Mr. Ernest Prupis argued the cause for appellant (Messrs. Weltchek & Weltchek, attorneys).

Mr. Steven Wise argued the cause for respondent (Messrs. Kaplowitz & Wise, attorneys).

Mr. Israel Spicer argued the cause for New Jersey Bankers Association, amicus curiae (Mr. Richard R. Hellstern, on the brief).

Mr. Richard Newman, Deputy Attorney General, argued the cause for Arthur J. Sills, Attorney General of New Jersey, amicus curiae.


The opinion of the court was delivered by FRANCIS, J.

The issue to be decided here is whether plaintiff Unico, a New Jersey partnership, is a holder in due course of defendant's note. If so, it is entitled to a judgment for the unpaid balance due thereon, for which this suit was brought. The District Court found plaintiff was not such a holder and that it was therefore subject to the defense interposed by defendant, maker of the note, of failure of consideration on...

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