Category: Business Law

Triffin v. Angelica

CHECKS; HOLDER IN DUE COURSE—A person is not a holder in due course of a check that bears apparent evidence of forgery or alteration or is otherwise so irregular or incomplete as to call in question its authenticity.

• Opinion Date: July 15, 2003

Triffin v. Johnston

CHECKS—A buyer of a dishonored check has the burden to show that its assignment of the check is valid and that it is a holder in due course.

• Opinion Date: March 21, 2003

Associated Business Brokers, Inc. v. Plansky

BROKERS; COMMISSIONS—It is for a jury to accept or reject testimony as to whether a contract-buyer is ready, willing, and able to close.

• Opinion Date: July 16, 2003

Triffin v. First Union Bank of Delaware

BANKS; CHECKS—An action predicated on breach of a statutory duty is not assignable to a person who buys a check after it is dishonored with knowledge thereof.

• Opinion Date: February 26, 2003

Detrolio v. First Union Bank

BANKS—Regardless of when the account was first opened, it is presumed that if the successor to a bank passbook holder presents the bank with a passbook showing no activity for more than 15 years, the account had previously been paid by the bank, and the presenter has the burden of showing otherwise.

• Opinion Date: December 15, 2003

Piazza v. Best Friends Resorts & Salon

BAILMENTS; PETS; DAMAGES—A commercial dog kennel acts as a bailee with respect to boarded pets and is liable for the cost to replace a pet killed by the kennel’s negligence, but there is no recovery for emotional distress in the absence of the kennel’s intention to kill the pet.

• Opinion Date: June 4, 2003

Brown v. Merit Auto

AUTOMOBILES; LEMON LAW; CONSUMER FRAUD—A car buyer can seek relief under the Consumer Fraud Act when the vehicle is too old or has too much mileage to be covered by the Lemon Law.

• Opinion Date: September 3, 2003

Rozgonyi v. Ford Motor Company

AUTOMOBILES; LEMON LAW—Automobile lemon law claims must be based on defects having a substantial impact on the use, value or safety of a vehicle and even very noisy rattles and creaks do not rise to that level.

• Opinion Date: July 11, 2003

Northern New Jersey Limited Liability Company v. Yacuk

ATTORNEYS; FRAUDULENT CONVEYANCES—A borrower’s attorney has no duty to the lender to advise the lender of a possibly fraudulent transfer when the lender already knows of such a possibility.

• Opinion Date: August 20, 2003

Iacobellis v. Mainardi

ATTORNEYS; FIDUCIARY DUTY—An attorney who receives a check for a transaction, such as a closing, from a person other than the attorney’s client has a duty to inquire whether the check writer has an interest in the transaction.

• Opinion Date: May 19, 2003