Legal Question in Civil Litigation in New Jersey
I have two notes outstanding from one person. One of the notes is past due, the other is not due yet. Can I sue for both notes under "Anticipatory Beach".
Asked on 5/04/10, 6:15 am
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
No. A note is different from a contract. The doctrine of anticipatory breach does not apply. There is no cause of action on a note until it has been dishonored. � See also: http://info.corbettlaw.net/lawguru.htm
Answered on 5/09/10, 7:13 am