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DURALITE CO., INC., v. N.J. BANK & TRUST CO.

97 N.J. Super. 48 (1967)

234 A.2d 247

DURALITE COMPANY, INC., A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF-APPELLANT, v. NEW JERSEY BANK AND TRUST COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1967.

Attorney(s) appearing for the Case

Mr. John F. McMahon argued the cause for plaintiff-appellant (Mr. Paul T. Murphy, attorney).

Mr. Allan A. Maki argued the cause for defendant-respondent (Messrs. Corbin & Maki, attorneys).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

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

Plaintiff sued defendant bank for monies charged against plaintiff's accounts upon forged checks. The trial court granted summary judgment, holding that the action was barred by N.J.S. 17:9A-229.3. Plaintiff appeals.

Plaintiff maintained two accounts in defendant bank, one identified as the "dormant" account and the other as the "payroll" account. Plaintiff's bookkeeper forged checks totaling...

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