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BROGAN CADILLAC, ETC. v. CENTRAL JERSEY BK. & TR

183 N.J. Super. 333 (1981)

443 A.2d 1108

BROGAN CADILLAC-OLDSMOBILE CORP., A NEW JERSEY CORPORATION, PLAINTIFF, v. CENTRAL JERSEY BANK AND TRUST COMPANY, DEFENDANT. THE CENTRAL JERSEY BANK AND TRUST COMPANY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, THIRD-PARTY PLAINTIFF, v. JOSEPH GEORGE MARZENO, A/K/A J. MARISENA, A/K/A FRANK RUSSO, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Passaic County.

Decided November 9, 1981.

Attorney(s) appearing for the Case

Peter R. Bray for plaintiff (Cole, Geaney, Yamner & Byrne, attorneys).

J. Peter Sokol for defendant and third-party plaintiff (McOmber & McOmber, attorneys).

SCHWARTZ, J.S.C.

This issue in this case is whether a holder in due course of a check may recover the amount of the check from a defendant whose blank check has been stolen and then completed by forgery.

After plaintiff introduced the check in evidence defendant overcame the presumption that the signatures (and other entries) were genuine or authorized (N.J.S.A. 12A:3-307), and they must be regarded as forgeries. See N.J.S.A. 12A:1-201(43); ...

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