Search Rutgers Law Library N.J. Court Opinions

1 NEW JERSEY STEEL CORPORATION V. RUPERT WARBURTON -- rank: 1000

... the Uniform Commercial Code (UCC), adopted in New Jersey as N.J.S.A. 12A;3-406 and 4-406.     In 1984, Rupert Warburton, owned and operated ... respect of the first forged check was time-barred under N.J.S.A. 12A:3-406 and 4-406, that liability removes any defense that Midlantic ... are to be read in conjunction with one and other. N.J.S.A. 12A:3-406, a customer who by his own negligence substantially contributes to ... Steel for failure to catch the forged maker signatures, under N.J.S.A. 12A:3-406 and 4-406. (pp. 14-19) 4. The trial court ... respect to the first forged check was time-barred under N.J.S.A. 12A:3-406 and 546 N.E.2d 904 (l989) (citing David Morris ... to the reasonable commercial standards of the banking business.     Under N.J.S.A. 12A:3-406, the slightest contributory negligence on the part of the ...

docket:	a-51-94
court:
decided:	1995-04-12
status:
citation:	139 N.J. 536
Document Size:	46696

2 Dr. Dominick A. Lembo v. Arlene Marchese -- rank: 778

... defenses in N.J.S.A. 12A:3- 405 or N.J.S.A. 12A:3-406. In lieu of filing an answer, TD Bank moved to ... under either N.J.S.A. 12A:3-405 or N.J.S.A. 12A:3-406, TD Bank would have been strictly liable for conversion of ... defenses in N.J.S.A. 12A:3- 405 or N.J.S.A. 12A:3-406. The trial court granted TD Bank’s motion to dismiss ... under either N.J.S.A. 12A:3-405 or N.J.S.A. 12A:3-406,3 TD Bank would have been strictly liable for conversion ... check to an employee, who then forges an indorsement. Additionally, N.J.S.A. 12A:3-406(a) provides a limited defense when the person to whom ... loss is allocated between the person and the bank. See N.J.S.A. 12A:3-406(b). 4 In recognizing the primacy of the UCC ...

docket:	a-92-18
court:	NJ Supreme Court
decided:	2020-06-17
status:
citation:
Document Size:	54395

3 METUCHEN SAVINGS BANK v. GEOFFREY PIERINI et al. -- rank: 772

... forged instrument and constitutes conversion against the non-signing payee"); N.J.S.A. 12A:3-406. However, we have not found any authority in the UCC ... the instrument or takes it for value or for collection," N.J.S.A. 12A:3-406 was not intended to cover the case of a bank ... depositing it into the account of one of the payees. N.J.S.A. 12A:3-406 expressly applies to "an alteration of an instrument or to the making of a forged signature on an instrument." N.J.S.A. 12A:3-406 make clear that section 3-406 was intended to address ... either by way of unauthorized alteration, or by forgery. See N.J.S.A. 12A:3-406 and UCC comment 3 to N.J.S.A. 12A:3-406. In fact, as noted above, the commentary to N. ...

docket:	A2603-03
court:	NJ Superior Court Appellate Division
decided:	2005-04-27
status:	published
citation:	377 N.J. Super. 154 871 A.2d 759
Document Size:	33625

4 LOR-MAR/TOTO, INC. v. 1st CONSTITUTION BANK -- rank: 694

... arguably should have been observed by the Bank. Footnote: 3 N.J.S.A. 12A:3-406 bars recovery against a bank by one whose negligence substantially ... e. , the reasonable commercial standards of its business. See also N.J.S.A. 12A:3-406, UCC Comment 1. Footnote: 4 N.J.S.A. 12A ...

docket:	a6139-03
court:	njappellate
decided:	2005-04-18
status:	published
citation:	376 N.J. Super. 520
Document Size:	42747

5 Travelers Indemnity Co. v. Sobeyda Herrara Good, et al. -- rank: 680

... agree that the signature on the checks was unauthorized. See N.J.S.A. 12A:3-406 provides:         a. A person whose failure to exercise ordinary care ... failure to exercise ordinary care is on the person precluded.         [ N.J.S.A. 12A:3-406.] See 2 White & Summers, supra , § 19-3 at 240 (discussing ...

docket:	a0226-98
court:	njappellate
decided:	1999-10-04
status:	published
citation:	325 N.J. Super. 16
Document Size:	21045

6 ADAMS ASSOCIATES L.L.C. v. FRANK PASQUALE LIMITED PARTNERSHIP -- rank: 677

... ADDRESS ADAMS'S ENTITLEMENT TO RELIEF UNDER RELEVANT PROVISIONS OF N.J.S.A. 12A:3-406 AND FURTHER URSURPED [SIC] THE JURY FUNCTION IN DETERMINING A ... its contention that Senior facilitated the forgery. Plaintiff relies on N.J.S.A. 12A:3-406(a), which provides: A person whose failure to exercise ordinary ... takes it for value or for collection. Comment 2 to N.J.S.A. 12A:3-406 clarifies that conduct substantially contributes to the making of a ... in support of its attempted expansion of the reach of N.J.S.A. 12A:3-406. Senior had no knowledge of the single fraudulent transaction in ... repeated" against plaintiff. Plaintiff was not entitled to relief under N.J.S.A. 12A:3-406. V In Point V, plaintiff argues that, under the Brill ...

docket:	a5724-08
court:	superior court appellate division
decided:	2011-01-14
status:	Unpublished
citation:
Document Size:	46358

7 INTERCHANGE STATE BANK V. GERALD VEGLIA ET AL -- rank: 668

... as it then stood.     On appeal, Interchange raises defenses under N.J.S.A. 12A:3-406 and the common law. See footnote 6 Interchange contends that ... at 57. It follows that Interchange has no defense under N.J.S.A. 12A:3-406.     Additionally, Interchange cannot rely upon any common law defenses to ...

docket:	a2150-93
court:	njappellate
decided:	1995-12-26
status:	published published
citation:	<a href=
Document Size:	67852

8 RICHARD A. DUNNE v. JP MORGAN CHASE BANK N.A. -- rank: 648

... argument that they are entitled to the relief set by N.J.S.A. 12A:3-406 1 because the Bank's negligence, carelessness, or recklessness resulted ... having the penalty borne upon it that is sanctioned by [ N.J.S.A. 12A:3-406] for its negligence. Lastly, the Dunnes contend that: The language ... Judge Vena, we reject these arguments. First, we note that N.J.S.A. 12A:3-406(a) limits its remedy to "a person, who, in good ... that has nothing to do with check #5741, based on N.J.S.A. 12A:3-406(a), would be an error and would result in a ...

docket:	a1550-10
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	11701

9 C&F, INC., t/a THE CHECK STORE v. EAST COAST TRUCK PARTS & SALES INC and JAZMIN ECHANDY -- rank: 633

... judgment motion was based on defendant's alleged negligence under N.J.S.A. 12A:3-406, plaintiff's comparative fault was factually in dispute. On this ... section 3-307(3), now at section 3-308(b)); N.J.S.A. 12A:3-406 provides: a. A person whose failure to exercise ordinary care ...

docket:	a5534-08
court:	superior court appellate division
decided:	2010-07-23
status:	unpublished
citation:
Document Size:	57976

10 ESTATE OF NANCY Z PALEY v. BANK OF AMERICA -- rank: 610

... Co. , supra , 325 N.J. Super. at 23; see also N.J.S.A. 12A:3-406. If a customer is precluded from asserting an unauthorized signature ...

docket:	a5519-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:
Document Size:	52651

11 ESTATE OF NANCY Z PALEY v. BANK OF AMERICA -- rank: 610

... Co. , supra , 325 N.J. Super. at 23; see also N.J.S.A. 12A:3-406. If a customer is precluded from asserting an unauthorized signature ...

docket:	a5864-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:
Document Size:	52651

12 ESTATE OF NANCY Z PALEY v. BANK OF AMERICA -- rank: 610

... Co. , supra , 325 N.J. Super. at 23; see also N.J.S.A. 12A:3-406. If a customer is precluded from asserting an unauthorized signature ...

docket:	a4391-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-29
status:	published
citation:	420 N.J. Super. 39 18 A.3d 1033
Document Size:	52820

13 CUMIS MUTUAL INSURANCE SOCIETY INC. v. MIREK ROSOL -- rank: 593

... J.S.A. 12A:3-101 to 3-805, particularly N.J.S.A. 12A:3-406. "An appellate court reviews a grant of summary judgment de ... s employees. Finally, we conclude that Rosol's reliance on N.J.S.A. 12A:3-406 and related provisions of Chapter Three of the UCC, as well as cases interpreting them, is misplaced. 3 Although N.J.S.A. 12A:3-406 does speak of comparative negligence, it does so only in ...

docket:	a1584-09
court:	superior court trial
decided:	2011-02-22
status:	unpublished
citation:
Document Size:	21835

14 DISTRIBUTOR LABEL PRODUCTS, INC. v. FLEET NATIONAL BANK -- rank: 587

... unless PNC Bank also failed to exercise ordinary care. See N.J.S.A. 12A:3-406. Plaintiff has made no showing that PNC Bank failed to ... Section 4-401 of the Uniform Commercial Code); see generally N.J.S.A. 12A:3-406, which provides that: a. A person whose failure to exercise ... failure to exercise ordinary care is on the person precluded. [ N.J.S.A. 12A:3-406.] This statute governs situations where a check contains an "alteration ... payment of a forged instrument . . . ."). As a result, this statute, N.J.S.A. 12A:3-406, applies to all of the Spinnaker checks. The statute will ...

docket:	a3260-06
court:	njappellate
decided:	2008-07-08
status:	published
citation:	401 N.J.Super. 345
Document Size:	31302

15 TRUMP PLAZA ASSOCIATES, INC. V. JAMES HAAS, ET AL -- rank: 585

... violation of two specific provisions of the UCC: (1) former N.J.S.A. 12A:3-406, in negligently contributing to the making of an unauthorized signature ...

docket:	a4649-95
court:	njappellate
decided:	1997-04-24
status:	published
citation:	300 N.J.Super. 113
Document Size:	20840