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SALEMY v. DIAB

246 N.J. Super. 274 (1991)

587 A.2d 305

LOUIS SALEMY, PLAINTIFF-RESPONDENT, v. JOHN S. DIAB AND HARVEY GOLDEN, DEFENDANTS-APPELLANTS, AND HARVEY GOLDEN, THIRD-PARTY PLAINTIFF, v. LYNWOOD R. ANDERSON, JOHN S. DIAB AND JOHN DOE, ESQ., THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1991.

Attorney(s) appearing for the Case

Brigiani Gelzer Cohen & Schneider, attorneys for appellant Harvey Golden (Elias L. Schneider, on the brief).

Lombardi & Lombardi, attorneys for appellant John S. Diab, relied on the brief filed by appellant Harvey Golden.

Liston, Hensel & Pinizzotto, attorneys for respondent Louis Salemy (Joseph Pinizzotto, on the brief).

Before Judges BRODY, GRUCCIO and D'ANNUNZIO.

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

The trial judge held that plaintiff is a holder in due course of a $75,000 note payable August 10, 1989. Defendants Diab and Golden, makers of the note, had made the note payable to third-party defendant Anderson who assigned it to plaintiff on May 25, 1989, to satisfy Anderson's $70,000 antecedent debt to plaintiff and plaintiff's wife.1 In return for the note, plaintiff's attorney...

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