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PAGANO v. UNITED JERSEY BANK

143 N.J. 220 (1996)

670 A.2d 509

LINDA PAGANO, ADMINISTRATRIX OF THE ESTATE OF ROSE GUARINO, PLAINTIFF-RESPONDENT, v. UNITED JERSEY BANK, DEFENDANT-APPELLANT, AND PEOPLES TRUST OF NEW JERSEY, ABC COMPANY, DEF COMPANY AND JOHN DOE (SAID NAMES BEING FICTITIOUS AND UNKNOWN), ITS SERVANTS, AGENTS AND/OR EMPLOYEES, JOINTLY, SEVERALLY OR IN THE ALTERNATIVE, DEFENDANTS.

The Supreme Court of New Jersey.

Decided January 22, 1996.

Attorney(s) appearing for the Case

James J. Kreig argued the cause for appellant (Marian B. Copeland, attorney; Mr. Kreig and Richard J. Grossi, of counsel; Ms. Copeland, on the briefs).

Louis Mangano argued the cause for respondent.

Michael F. Spicer argued the cause for amicus curiae, New Jersey Bankers Association (Jamieson, Moore, Peskin & Spicer, attorneys).

The opinion of the Court was delivered by COLEMAN, J.

The issue raised by this appeal is whether the common-law rebuttable presumption of payment after a lapse of twenty years should be applied to a passbook-savings account when the issuing bank has no record of the account and has never stamped or otherwise marked the passbook canceled or closed. The Appellate Division held that the presumption was inapplicable. Pagano...

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