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HIBERNIA NAT. BANK v. COMMERCE

845 A.2d 664 (2004)

368 N.J. Super. 144

HIBERNIA NATIONAL BANK, Plaintiff-Respondent, v. COMMERCE BANK, N.A., Defendant-Appellant, and Marcus L. Vaughn, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 2, 2004.

Attorney(s) appearing for the Case

Frey, Petrakis, Deeb, Blum, Briggs & Mitts, attorneys for defendant-appellant (L. Oliver Frey and Steven H. Griffiths, of counsel and on the brief).

John G. DeSimone, attorney for plaintiff-respondent.

Before Judges ALLEY, PARKER, and COLEMAN.

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

On November 8, 2000, Otto Candies, LLC (Otto), drew a check on its account at Hibernia National Bank (Hibernia) for $116,419.12, payable to "ENSCO Marine-Offshore-B" (ENSCO-B), a Texas entity. The check was drawn as intended payment due to ENSCO-B for several invoices.

On November 9, 2000, Marcus L. Vaughn opened an account in the name of "Marcus Vaughn d/b/a ENSCO Marine and Offshore Company, Inc." ...

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