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PENNSYLVANIA NAT. TURF CLUB, INC. v. BK. OF W. JERSEY

158 N.J. Super. 196 (1978)

385 A.2d 932

PENNSYLVANIA NATIONAL TURF CLUB, INC., PLAINTIFF-RESPONDENT, v. BANK OF WEST JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Mr. Peter N. Perretti, Jr. argued the cause for appellant (Messrs. Riker, Danzig, Scherer & Debevoise, attorneys; Mr. Peter N. Perretti, Jr. and Mr. Robert Fischer, III, of counsel and on the brief).

Mr. William B. Scatchard, Jr. argued the cause for respondent (Messrs. Capehart & Scatchard, attorneys).

Mr. Michael F. Spicer appeared and filed a brief amicus curiae for the New Jersey Bankers Association (Messrs. Jamieson, McCardell, Moore, Peskin & Spicer, attorneys; Mr. Israel Spicer, of counsel and on the brief).

Before Judges HALPERN, LARNER and KING.

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

After a plenary nonjury trial the judge entered judgment in favor of plaintiff against defendant drawee bank in the sum of $123,313.06, representing the balance due on nine checks cashed by plaintiff for the bank's depositor which were returned because of insufficient funds. The factual background of this litigation is both interesting and essential for an understanding...

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