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ROTH v. FIRST NATIONAL STATE BANK OF NEW JERSEY

169 N.J. Super. 280 (1979)

404 A.2d 1182

JACOB ROTH, T/A HIGHWAY CHECK CASHING SERVICE, PLAINTIFF-APPELLANT, v. FIRST NATIONAL STATE BANK OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Mr. Ernest Prupis argued the cause for appellant (Messrs. Weltchek, Prupis & Ritz, attorneys).

Mr. Alan D. Wiener argued the cause for respondent (Messrs. Raff and Schneider, attorneys).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by CONFORD, P.J.A.D. (retired and temporarily assigned on recall).

Plaintiff, a depositor in defendant bank, sued the bank for loss of a large sum of cash just withdrawn by him, as the result of his being robbed as he left the bank. The culprits were tipped off as to the robbery opportunity by a friendly teller at the bank who was aware of plaintiff's daily morning habit of withdrawing substantial cash for use in his check-cashing...

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