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Showing posts with label 300 BROADWAY HEALTHCARE CENTER. Show all posts
Showing posts with label 300 BROADWAY HEALTHCARE CENTER. Show all posts

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