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Thursday, June 21, 2012

300 BROADWAY HEALTHCARE CENTER, L.L.C., D/B/A NEW VISTA NURSING AND REHABILATION CENTER VS. WACHOVIA BANK, ET AL. A-5023-10T3/A-5025-10T3


300 BROADWAY HEALTHCARE CENTER, L.L.C., D/B/A NEW
VISTA NURSING AND REHABILATION CENTER VS. WACHOVIA
BANK, ET AL.
 A-5023-10T3/A-5025-10T3

 The Uniform Commercial Code provides that an "issuer" of a
check may not bring a claim for conversion. N.J.S.A. 12A:3-
420(a). The Code defines the term "issuer" to mean the "maker or
drawer of an instrument." N.J.S.A. 12A:3-105(c). The term
"drawer" is defined in the Code as "a person who signs or is
identified in a draft as a person ordering payment." N.J.S.A.
12A:3-103(a)(3). We hold that, under the Code, the "issuer" of a
check includes the person identified on the check ordering its
payment, regardless of whether that person's signature was
forged, and is barred from asserting a conversion claim
regarding the check. 03-27-12