J. Triffin, The Plaintiff-Appellant: The Superior Court Case
analytical Essay
634 words
Facts: Robert J. Triffin, the Plaintiff-Appellant, appeals a case from November 5, 2009 which dismissed his complaint seeking to collect a dishonored check originally issued by Liccardi Ford, Inc, the Defendant- Respondent in The Superior Court: Law Division for criminal court. Triffin owns a business in buying dishonored checks, and attempting to collect on them. The check was postdated, and the check cashing service which Triffin purchased made a payment in violation of Check Cashers Regulatory Act of 1993(Act), N.J.S.A. 17:15A-30 to-52. The Superior Court: Law Division for criminal court held that the check cashing service was not a holder. Triffin’s complaint was properly dismissed based on evidence that the check was stolen from Liccardi. …show more content…
The Company withheld the check form Stallone because he was suspected of embezzlement. Liccardi “‘immediately placed a stop payment on the check”’. The JCNB Check Cashing, Inc. (JCNB) cashed the check for Stallone before the issue date and then deposited the check in it's own back account on or before August 9, 2007. However, the issuing bank refused to honor the check. On February 11,2009, Triffin acquired the dishonored payroll check from JCNB and sued Liccardi and Stallone for the amount of the check plus interest. The check is postdated and the check cashing service from which Triffin had purchased was in violation of Check Cashers Regulatory Act of 1993(Act), N.J.S.A 12:15A-30 to -52 which has been enacted to establish regulatory framework to protect against money …show more content…
Under the New Jersey Uniform Commercial Code (UCC) N.J.S.A 12A-3-302(a), to be a holder in due course one must take ‘“an instrument for value, in good faith and without notice of dishonor or any defense against or claim to it on the part of any person”’. Triffin did not take the Liccardi check as a holder in due course, because he purchased the instrument with notice that it had been dishonored. Therefore his case was
In this essay, the author
- Explains that robert j. triffin, the plaintiff-appellant, appealed the dismissal of his complaint seeking to collect a dishonored check issued by liccardi ford, inc.
- Explains that liccardi withheld the check from stallone because he was suspected of embezzlement. triffin acquired the dishonored payroll check and sued the company.
- Explains that triffin appealed to the superior court of new jersey: law division seeking to collect on a dishonored check originally issued by the defendant. does the defendant (liccardi ford, inc.
- Explains that robert j. triffin, the plaintiff-appellant, appealed the dismissal of his complaint seeking to collect a dishonored check issued by liccardi ford, inc.
- Explains that liccardi withheld the check from stallone because he was suspected of embezzlement. triffin acquired the dishonored payroll check and sued the company.
- Explains that triffin appealed to the superior court of new jersey: law division seeking to collect on a dishonored check originally issued by the defendant. does the defendant (liccardi ford, inc.
- Analyzes how the superior court rejected triffin's argument that liccardi did not establish its defences. the judge concluded that jcnb was not a holder in due course because the check was postdated.
- Explains that the check cashing service from which triffin bought the liccardi check violated the cashier regulatory act of 1993.
- Analyzes how triffin bought the check that was post dated, which in this case was a future date. the check cashing service was in violation of the check casher regulatory act of 1993.
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