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BRIGHTON, INC. v. COLONIAL FIRST NAT'L BANK

176 N.J. Super. 101 (1980)

422 A.2d 433

BRIGHTON, INC. ET AL., PLAINTIFFS-APPELLANTS, v. COLONIAL FIRST NATIONAL BANK ET AL., DEFENDANTS-RESPONDENTS. COLONIAL FIRST NATIONAL BANK ET AL., THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. AVENEL REALTY COMPANY AND NORMAN HIRSCHFIELD, THIRD-PARTY DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1980.

Attorney(s) appearing for the Case

Joseph M. Nolan argued the cause for appellants (Nolan, Bell & Moore, attorneys; Steven L. Strelitz on the brief).

Richard S. Miller argued the cause for respondent Colonial First National Bank (Williams, Caliri, Miller, Otley & Horn, attorneys; Victor C. Otley, Jr., and David Golub on the brief).

Donald J. Rapson argued the cause for respondent Jersey Shore Bank (Lautman, Rapson, Henderson & Mills, attorneys).

James E. Collins argued the cause for respondent Central Jersey Bank & Trust Co. (Cerrato, O'Connor, Mehr & Saker, attorneys).

Marvin J. Brauth argued the cause for respondent New Jersey National Bank (Wilentz, Goldman & Spitzer, attorneys).

Before Judges MATTHEWS, MORGAN and MORTON I. GREENBERG.

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

This appeal presents issues, some novel to New Jersey, arising from those portions of the Uniform Commercial Code which deal with bank collection problems and the liabilities of depository and drawee banks with respect to checks drawn by a so-called "faithless employee." The matter was adjudicated summarily in favor of the banks. Plaintiffs appeal.

The facts are, in the main, uncontroverted. They focus...

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