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PRESTIGE MOTORS v. CARTERET BK. & TRUST CO.

188 N.J. Super. 610 (1983)

458 A.2d 140

PRESTIGE MOTORS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. CARTERET BANK & TRUST COMPANY, A BANKING INSTITUTION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Barry A. Weisberg argued the cause for appellant (Edward J. Dolan, attorney; Barry A. Weisberg on the brief).

Michael E. Hubner argued the cause for respondent (McKeon, Curtin, Hubner & McKeon, attorneys; Andrew M. Wubbenhorst on the brief).

Before Judges BOTTER, POLOW and BRODY.

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

Defendant appeals from a judgment entered in a nonjury trial in favor of plaintiff in the sum of $16,516, plus interest and costs. The damage award represents the amount of a check presented by plaintiff to defendant after it had been previously returned by defendant "not paid as against uncollected funds" in the account of defendant's customer who issued the check. In finding for plaintiff Judge Schiaffo...

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