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LIFE INSURANCE CO. OF VIRGINIA v. SNYDER

141 N.J. Super. 539 (1976)

358 A.2d 859

LIFE INSURANCE COMPANY OF VIRGINIA, PLAINTIFF, v. ROBERT H. SNYDER AND BROADWAY BANK & TRUST COMPANY, DEFENDANTS.

Superior Court of New Jersey, District Court — Passaic County.

April 30, 1976.

Attorney(s) appearing for the Case

Mr. Henry J. Catenacci for plaintiff (Messrs. Podvey & Sachs, attorneys).

Mr. H. George Avery for defendant (Messrs. Cole, Geaney & Yamner, attorneys).

ALTERMAN, P.J.D.C.

This motion for summary judgment presents the issue of whether the drawer of a check can maintain an action against a collecting bank. The material facts are not in dispute.

On November 15, 1973 plaintiff issued a check drawn on United Virginia Bank/State Planters (United Virginia), payable to the order of Rudolph J. Caprario Jr. in the amount of $2,566.67. That check was stolen and Caprario...

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