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COUNTY CONCRETE CORP. v. SMITH

721 A.2d 34 (1998)

317 N.J. Super. 50

COUNTY CONCRETE CORP., Plaintiff-Appellant, v. Gene SMITH and Gene Smith Contractors, Inc., Defendants, and National State Bank and Chemical Bank, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1998.

Attorney(s) appearing for the Case

William J. Vosper, Jr., Stillwater, for plaintiff-appellant (Mr. Vosper, on the brief).

Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, Woodbridge, for defendants-respondents (John D. North, of counsel and on the brief; Christine F. Marks, on the brief).

Before Judges BAIME, CONLEY and A.A. RODRIGUEZ.

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

This appeal requires us to address the issue of "absolute liability" of a drawee bank under N.J.S.A. 12A:3-419(2) where the payee of a converted check has received the monies intended by way of a replacement check. In our prior opinion which reversed summary judgments in favor of the defendant banks and remanded for trial, we raised, but did not decide, this issue. County Concrete Corp. v. National...

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