JUDITH FERRARIS VS. JEFFREY SCOTT JONESÂ (DC-397-16, HUDSON COUNTY AND STATEWIDE)
A-4568-15T1
| N.J. Super. Ct. App. Div. | Aug 22, 2017Background
- Ferraris sued Jones in Hudson County Special Civil Part alleging he owed ~$26,560 (she would accept $15,000); case tried to the bench and dismissed with prejudice.
- Ferraris offered four promissory notes (one superseding March 31, 2008 note) and an Excel spreadsheet plus limited bank statements to prove payments.
- Jones admitted signing two notes (totaling $12,000), denied signing two others, and testified payments and a $1,000 cruise ticket reduced his obligation; he lacked bank records for many payments.
- Jones claimed signatures on two notes were forged (Ferraris had notarized some documents herself); Ferraris denied offsets.
- The trial judge found Jones more credible, rejected the self-notarized notes and Excel spreadsheet as insufficient proof, and dismissed Ferraris’s complaint; a motion for new trial was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff met burden to prove debt and nonpayment | Ferraris argued her promissory notes and spreadsheet/bank entries established the debt and unpaid balance | Jones disputed two signatures, admitted only partial debt, asserted payments and cruise ticket offset, and lacked full records | Court credited judge's factual findings; plaintiff failed to meet burden—complaint dismissed |
| Admissibility/weight of self-notarized promissory notes | Ferraris relied on notes (some notarized by her) as proof of debt | Jones argued two notes were forged and notarizations were self-serving | Court found self-notarization and disputed signatures insufficient to establish authenticity or the additional $14,000 debt |
| Sufficiency of spreadsheet and limited bank statements to prove payments | Ferraris maintained Excel ledger and two bank deposits corroborated payments | Jones pointed to lack of corroborating records for most payments | Court held spreadsheets and two bank statements were inadequate to prove payment; judge permissibly discredited them |
| Evidentiary/procedural errors (new issues on appeal) | Ferraris argued trial court failed to mark/accept evidence, denied inspection, and made insufficient findings; also alleged hearsay/plain error | Jones did not brief appeal; at trial he testified to facts and signature issues | Appellate court declined to find abuse of discretion or manifest injustice; evidentiary rulings and credibility calls affirmed |
Key Cases Cited
- Rova Farms Resort, Inc. v. Inv'rs Ins. Co. Of Am., 65 N.J. 474 (1974) (bench-trial findings are binding if supported by substantial credible evidence)
- Seidman v. Clifton Sav. Bank, S.L.A., 205 N.J. 150 (2011) (trial judge has superior vantage for credibility determinations)
- Cesare v. Cesare, 154 N.J. 394 (1998) (deference to trial court credibility findings)
- Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (1995) (legal questions reviewed de novo)
- State v. Brown, 170 N.J. 138 (2000) (evidentiary rulings reviewed for abuse of discretion)
- State v. Marrero, 148 N.J. 469 (1997) (appellate court should not substitute judgment absent manifest injustice)
