MATSON INTERMODAL SYSTEM, INC. v. KUBIS E'PRISES, LTD.


895 A.2d 1242 (2005)

385 N.J. Super. 105

MATSON INTERMODAL SYSTEM, INC. n/k/a/ Matson Integrated Logistics, Inc., Plaintiff v. KUBIS ENTERPRISES, LTD.; Lee Kubis, individually and as an agent of Kubis Enterprises, Ltd.; Lisa A. Kubis, individually and as an agent of Kubis Enterprises, Ltd.; Admiral Freight Services, Inc.; Admiral Transportation, Inc.; William Coler, Sr.; Day or Night Express, Inc. a/k/a Done Logistics, Inc.; Unitrade Marketing Group, Inc.; Commerce Bank; Parke Bank; National Penn Bank d/b/a Firstservice Bank; Bank of America; and County Savings Bank, Defendants.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided December 2, 2005.


Attorney(s) appearing for the Case

Ronald Horowitz, Middletown, for plaintiff.

David L. Braverman, Philadelphia, PA, for defendant Parke Bank (Braverman, Daniels, Daskey, Ltd., attorneys).


HAPPAS, J.S.C.

The issue presented to the court is whether a check made payable to two payees, whose names appear on the check in vertical alignment separated by the symbol "c/o" is negotiable individually by the first named payee; jointly, thus, requiring the endorsement of both the named payees; or alternatively, requiring the endorsement of any one of the named payees. All of the checks in issue were endorsed by the second named payee and paid by the payor bank...

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