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SANTOS v. FIRST NAT'L STATE BK. OF N.J.

186 N.J. Super. 52 (1982)

451 A.2d 401

JESUS SANTOS, PLAINTIFF-APPELLANT, v. FIRST NATIONAL STATE BANK OF NEW JERSEY, A BANKING CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 26, 1982.

Attorney(s) appearing for the Case

William L. Berg argued the cause for appellant (Joel I. Fern, attorney; William L. Berg, on the brief).

Walter Koprowski, Jr., argued the cause for respondent (Velardo & Koprowski, attorneys; Walter Koprowski, Jr., on the brief).

Before Judges BOTTER, ANTELL and FURMAN.

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

The general question posed in this case is what relief, if any, can plaintiff obtain against a bank whose cashier's check, issued in 1978 to plaintiff's order, has not been presented for payment and apparently has been lost. Implicated in the case is the holding in National Newark & Essex Bank v. Giordano, 111 N.J.Super. 347, 351 (Law Div. 1970), cited with...

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