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PAGANO v. UNITED JERSEY BANK

276 N.J. Super. 489 (1994)

648 A.2d 269

LINDA PAGANO, ADMINISTRATRIX OF THE ESTATE OF ROSE GUARINO, PLAINTIFF-RESPONDENT, v. UNITED JERSEY BANK (FORMERLY PEOPLES TRUST OF NEW JERSEY), DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 11, 1994.

Attorney(s) appearing for the Case

Marian B. Copeland, attorney for appellant.

Louis Mangano, attorney for respondent (Martin N. Crevina of Buckalew, Frizzell & Crevina, on the brief).

Before Judges PRESSLER, CONLEY and NEWMAN.

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

This appeal requires us to consider whether a presumption of payment applies to a savings account deposit evidenced by an uncancelled passbook where the bank has no record of the account and the passbook is presented with a demand for payment by the depositor's heir twenty years and two months after the last transaction recorded in the passbook. In the circumstances here, we are satisfied that the bank is...

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