Triffin v. Cigna Insurance Co.

687 A.2d 1045 (1997)

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Triffin v. Cigna Insurance Co.

New Jersey Superior Court
687 A.2d 1045 (1997)

DH

Facts

Robert J. Triffin (plaintiff) was in the business of buying dishonored instruments. One of Cigna Insurance Company’s (Cigna) constituent companies issued a draft to James Mills for workers’-compensation benefits. Mills lied to Cigna and said that he had not received the draft because he moved. Accordingly, Cigna stopped payment on the draft and issued a new draft to Mills. Mills then negotiated the first draft to Sun Corp. t/a Sun’s Market (Sun Corp.) before the stop-payment notation was placed on the draft. The parties agreed that Sun Corp. was a holder in due course. The banks refused to pay the draft to Sun Corp., and the draft was stamped with “Stop Payment.” Sun Corp. then transferred the dishonored draft to Triffin. Triffin sued Cigna and Mills (defendants) and sought payment of the draft. Triffin argued that even though he had notice of the draft’s dishonor, he was a holder in due course pursuant to the Uniform Commercial Code’s (UCC) shelter provisions. The trial court dismissed Triffin’s claim. Triffin appealed.

Rule of Law

Issue

Holding and Reasoning (Dreier, J.)

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