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COMMERCE BANK, N.A. v. RICKETT

748 A.2d 111 (2000)

329 N.J. Super. 379

COMMERCE BANK, N.A., Plaintiff-Respondent, v. Bruce RICKETT, Individually and t/a Rick's Auto Sales, Defendant, and DeSimone Auto, Inc., t/a Executive Auto Sales, j/s/a, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 2000.

Attorney(s) appearing for the Case

Rex J. Roldan, Woodbury, for defendant-appellant (Albertson Ward, attorneys; Mr. Roldan, on the brief).

Richard M. Berman, Cherry Hill, for plaintiff-respondent (Parker, McCay & Criscuolo, attorneys; Mr. Berman, on the brief).

Before Judges SKILLMAN, NEWMAN and FALL.

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

This appeal questions whether a bank can be a holder in due course when it makes payment on a check, dated a year before it was presented, which, in fact, was presented within ninety days after the date of its actual issuance. We hold that, pursuant to N.J.S.A. 12A:3-304a(2), a check becomes "overdue" ninety days after the date it is actually issued and, thus...

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