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Triffin v. First Union Bank of Delaware

A-2937-01T3 (N.J. Super. App. Div. 2003) (Unpublished)

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.

An individual was an “assignee of various checks which he purchased after they were dishonored and with knowledge of their dishonor.” He sued the bank that was the payor/drawee on the checks. He then sought to amend the complaint alleging that the bank “was liable because of its failure to meet the so-called midnight deadline.” The lower court refused to permit the amendment and dismissed the action with prejudice. The Appellate Division agreed, holding that the action was not one for breach of contract, but rather was one for breach of a statutory duty. Such an “action is not assignable to a person [] who purchase[s] [] checks after they were dishonored and with knowledge of their dishonor.”


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