...constitute constructive delivery or possession. N.J.S.A. 12A:3-301; Bank of N.Y. v. Raftogianis, 418 N.J. Super. 323, 331, 339...N.J. Super. 315, 318 (App. Div. 2012) (citing Mitchell, supra, 422 N.J. Super. at 225). Consistent with this principle, "there can be constructive delivery or possession, through...have standing to challenge the plaintiff's possession or status as assignee of the note and mortgage based on purported noncompliance with certain provisions of the PSA"); Bank of N.Y. Mellon v...

...physical delivery of the note. A number of cases recognize that there can be constructive delivery or possession, through the delivery of the instrument to an agent of the owner...plaintiff to establish that it had physical possession of the note as of the date the complaint was filed. Plaintiff was unable to establish that, either by motion or at trial. Accordingly, the...entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of the holder, or a person not in possession of the instrument who is...

...is sufficient to place title in the holder, and actual possession is not necessary, it being sufficient is there has been constructive delivery, or possession for collection, even by the original...holder. In some doubtful cases, delivery is largely a matter of intent, and the manner of the delivery is unimportant; even "retention of possession by the maker is not fatal to the valid delivery where...same would not be fatal to the title if such person became the agent of the real owner for collection. 10 C. J., 520. The evidence respecting delivery of the note, actual or...

...principle, "there can be constructive delivery or possession, through the delivery of the instrument to an agent of the owner" and "the actual delivery of the notes to [the trust's] custodian, would...does not specify that physical possession is necessary for a holder to enforce an instrument and courts recognize that delivery of the instrument to an agent of the owner can constitute constructive...delivery or possession. N.J.S.A. 12A:3-301; Bank of New York v. Raftogionis, supra, 418 N.J. Super. at 331 (citing...

...its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument." N.J.S.A. 12A:3-203(a). "[T]here can be constructive delivery or possession, through...greater than 11.750%. On or about August 20, 2009, Aurora obtained and maintained possession of the original note. The note contained an agreement that if any installment payment...that Aurora obtained possession of the original note on or about August 20, 2009.Prior to filing the foreclosure complaint the note had been securitized and placed in a trust for that purpose...

.... Div. 2011)). Consistent with this principle, "there can be constructive delivery or possession, through the delivery of the instrument to an agent of the owner" and "the actual delivery of the notes to.... Angeles, 428 N.J. Super. 315, 318 (App. Div. 2012) ("[E]ither possession of the note or an assignment of the mortgage that predated the...[the trust's] custodian, would presumably constitute constructive delivery to the . . . Trustee." Raftogianis, supra, 418 N.J...

...Same Chattel — One Acquiring Lawful Possession First Entitled To — Mere Instructions As To Delivery, Not Constructive Or Symbolic Delivery of Possession. Where two individuals buy the same chattel...was a constructive or symbolic delivery to her and that such form of delivery was sufficient to defeat the rights of the first buyer who first took actual possession. The Court found no occasion to.... Brooks v. Mitchell, 163 Md. 1. We find no occasion to decide whether constructive or symbolic delivery to one purchaser would suffice to defeat the rights of the purchaser who first took actual possession. In...

...follows: ". . . (5) The actual or constructive possession or control of an hallucinogenic drug by any person, . . ." The state's brief says: ". . . that the language of the information; `. . . deliver, cause to be delivered and sell . . .' encompasses and contemplates possession, actual or constructive." While the state may be correct that an allegation of delivery implies...or constructive possession, an implied allegation is insufficient to bring a secondary offense within...guilty of possession of LSD under § 404.02(5), F.S. 1969, F.S.A., when the information charged the defendant with delivery of LSD in violation of § 404.02(1), F.S. 1969, F.S.A...

...the res or substance thereof is placed within the actual or constructive possession or control of another. . . . "What constitutes delivery depends largely on the...actual or constructive, to Galvan. There is no evidence that the appellant had ever met Galvan or that he knew about Galvan's role in the sale. The testimony of Galvan would have supported a conviction of the appellant either for possession of heroin or for the delivery of.... "Constructive delivery is a general term, comprehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by construction of law...

...the law of principals, it is quite possible for an accused to aid, abet, counsel, hire, or otherwise procure the delivery of contraband without having actual or constructive possession of the contraband. § 777.011, Fla. Stat. (1983). The case at hand is illustrative. Respondent was one of five codefendants. One of the defendants set up a sale of over 1,000 grams of cocaine to an undercover police officer. Respondent and the three other codefendants assisted in the delivery of...: (b) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or...sale, manufacture, or delivery is charged; (2) section 893.13(1)(d) if bringing cocaine into the state is charged; or (3) section 893.13(1)(e) if possession of cocaine is charged...

.... Delivery is defined as "the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship." Fla.Std.Jury Instr...count of possession of cocaine and one count of delivery of cocaine in violation of sections 893.13(1)(a)(1) and 893.13(1)(e), Florida Statutes (1987). After a jury trial, appellant was found guilty as...charged. On appeal, appellant contends that the trial court erred in convicting appellant of both delivery of cocaine and possession of that same cocaine. Appellant contends that...

...argues that since the indictment did not specify whether the delivery was actual or constructive, we cannot find that possession was a lesser included offense without more facts being presented. The State argues that since the appellant judicially confessed to the possession of cocaine that this would support a finding that possession was a lesser included offense of the delivery allegations... TOM G. DAVIS, Judge. Appeals are taken from convictions for bribery (two convictions), delivery of marihuana, and possession of cocaine. Appellant pled guilty to the.... 61,512) for possession of cocaine was void as there was no valid indictment charging that offense. The record reflects that the indictment alleged the Delivery of cocaine. The...

...gift, otherwise complete, is beneficial to the donee. But delivery by the donor, either actual or constructive, operating to divest the donor of possession of and dominion over the thing, is a...possession. In case of bonds, notes or choses in action, the delivery of the instrument which represents the debt is a gift of the debt, if that is the intention; and so, also, where the debt is that...gift are well understood and are not the subject of dispute. There must be on the part of the donor an intent to give, and a delivery of the thing given, to or for the donee, in pursuance of such...

.... Colorado law recognizes a theory of “constructive possession” where the instrument is held for its owner in the hands of a third party. See Georg, 178 P.3d at 1213–14. There is no evidence of constructive possession or constructive delivery in...has been presented to suggest that the endorsement is not genuine or that the pet[i]tioner is not in possession of the original note. The pet[i]tioner is entitled to an order auth [oriz]ing sale..., they complained that Deutsche Bank had not produced the original Note or proved that it was in possession of the Note. On November 3, 2010, the bankruptcy court held a hearing on the...

..., counseling, hiring or procuring the delivery, and/or by knowingly being in actual or constructive possession of four hundred grams of cocaine in violation of section 893.135, Florida Statutes (1983). At the close of the State's case, defendant moved for a judgment of acquittal based on the State's failure to prove that he had taken part in the delivery of...commits a crime of possession or attempted possession, not delivery. We further noted that if the offense charged had been trafficking, the defendant could have been convicted of an attempted trafficking...to the actual or constructive possession of the defendants. Temporary control of the contraband in the presence of its actual owner, for the...

...possession of it and that the "constructive delivery" or "constructive possession" — the Dealers used both terms — of the lime was not inimical or fatal.... The term "constructive delivery" is substantively equivalent to the term "constructive possession"; only the perspective differs. Expanding our consideration to the Dealers' use of both terms reinforces our conclusion that the bankruptcy court did not abuse its discretion on this issue. We turn next to the central issues of whether actual or constructive...constructive possession of the lime, we do not need to rule on whether actual or constructive possession is required for BIOC status under Iowa law. Nevertheless, it is important to begin the analysis with an...

...) ( 210 S.E.2d 245) (1974) ("[t]o create a bailment, express or implied, there must be an actual or constructive delivery of the goods with actual or constructive possession in...automobile was negligently destroyed while in Purser Truck's possession and control. Purser Truck answered, denying that the car had been in its possession or control when damaged, and counterclaimed to...the purposes of making said repairs," and that the car was in Radford's possession when it was destroyed. The trial court then found that "[t]here was no evidence submitted at trial or in supporting...

...check, has never received actual or constructive possession of that check"]; Bailey, Brady on Bank Checks, op. cit., § 27.8, at 27-23 [payee who has not received delivery of check cannot sue...are readily distinguished. They involve situations where the plaintiff, unlike the State here, had received constructive possession of the check through delivery to the payee's agent, to a copayee, or to...action against the depositary bank. On appeal, the Appellate Division reversed and dismissed the complaint. It held that requiring "delivery, either actual or constructive, [as] an indispensable...