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BURKE v. FIRST PEOPLES BANK OF N.J.

172 N.J. Super. 539 (1980)

412 A.2d 1089

BETTE C. BURKE, PLAINTIFF, v. FIRST PEOPLES BANK OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, District Court — Cumberland County.

January 14, 1980.

Attorney(s) appearing for the Case

Robert S. Greenberg for plaintiff (Greenberg & Robinson, attorneys).

Michael Benson for defendant (Tuso, Gruccio, Pepper, Buonadonna, Giovinazzi & Butler, attorneys).

MILLER, J.S.C.

This motion for summary judgment on behalf of defendant raises a novel question under the Uniform Commercial Code as enacted in New Jersey, N.J.S.A. 12A:1 101 et seq.: Is a collecting bank estopped from asserting its right to charge-back a depositor's account for the amount of two "raised" money orders drawn on another bank where the collecting bank's head teller has orally certified that the money orders are legitimate?

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