151 N.J. Super. 489 - Demos v. Lyons’s Empirical Analysis
1977
Citation profile
6 federal appellate · 14 state decisions
How this case has been cited
Cited by 34 later decisions — most recently June 2023 · most notably Morgan Guaranty Trust Company Of New York v. American Savings And Loan Association (1986), Smith Jd Gl Boyer
6 federal appellate · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on NJ Builders, Owners and Managers Association v. Blair · Dvorkin v. Township of Dover · State v. Provenzano · Ross Systems v. Linden Dari-Delite, Inc. · 125 N.J. Super. 263 - Boileau v. De Cecco
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The word ‘final’ as used to describe a payment, embraces two distinct concepts: one, a rule of law; the other, the time payment occurs. As a rule of law, ‘payment is final’ refers to the common law principle that one cannot recover back money paid, simply because of a change of mind. Its rationale is repose. Establishing the finality of a payment tends to assure stability in people’s affairs. However, the law may compel restitution where there are competing considerations — such as fraud, duress and mistake — favoring the payor. When these considerations are raised, the evidence must be examined and equities balanced. U * * * “Section 4-213(1) cannot displace common law restitution by implication from silence. (< * * * “ * * * I conclude that that section does not dimmish a payor bank’s common law right to restitution.””
1 later decision quote this exact passage“(a) paid the item in cash; or (b) settled for the item without reserving a right to revoke the settlement and without having such right under statute, clearing house rule or agreement; or (c) completed the process of posting the item to the indicated account of the drawer, maker or other person to be charged therewith; or (d) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing house rule or agreement. [ N.J.S.A. 12A:4-213(1)]”
1 later decision quote this exact passage“The statutory language [of section 4-213(1)] is oriented to time of payment, ... `Finally paid' suggests that act in a sequence of acts which establishes a time of payment.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.