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Monday, January 17, 2011

TRIFFIN v. LICCARDI FORD, INC., d/b/a THE CAR GIANT A-1849-09T1

TRIFFIN v. LICCARDI FORD, INC., d/b/a THE CAR GIANT A-1849-09T1

Robert J. Triffin purchased a dishonored check from a check cashing service and sued the issuer to collect on the check. Because the check was post-dated, and the check cashing service from which Triffin purchased it had made payment in violation of the Check Cashers Regulatory Act of 1993, N.J.S.A. 17:15A-47c, we held that the service was not a holder in due course. Therefore, Triffin took the check subject to the issuer'sdefense that the check was stolen, and his complaint was properly dismissed. 1-12-11