157 N.Y.S. 316 | N.Y. App. Div. | 1916
The action is for money paid under a mistake of fact. On May 13, 1913, the firm of Charles A. Stoneham & Co., which
Nor is it claimed that the certification of the check by plaintiff involved, as matter of law, an affirmation or representation that it was in all respects genuine. It is settled by statute as well as by authority that a bank in certifying a check in the usual form does no more than to affirm the genuineness of the signature of the drawer, and that he has funds on deposit to meet it, and that the funds will not be permitted to be withdrawn to the prejudice of the holder of the check.. But a bank by its certification does not warrant the genuineness of the body of the check. (Neg. Inst. Law [Consol. Laws, chap. 38; Laws of 1909, chap. 43], § 323; Continental Nat. Bank v. Tradesmen’s Bank, supra.)
The defendant, not questioning the rules of law above stated insists that plaintiff was guilty of negligence in not having detected the fact that the check had been raised when it was presented for certification, and that by reason of such negligence it, the defendant, was misled into accepting the check at
Plaintiff calls our attention to several errors in the charge which undoubtedly contributed to the result of the trial and which would in any case call for a reversal. We do not dwell upon these, however, because we are of opinion that upon the undisputed facts the plaintiff was entitled to the direction of a verdict in its favor.
The judgment and order appealed from are, therefore, reversed and judgment directed in favor of the plaintiff for the amount claimed, with costs in this court and the court below. The finding of the jury that the plaintiff was guilty of negligence to the detriment of defendant is reversed.
Glared, P. J., Dowling, Smith and Page, JJ., concurred.
Judgment and order reversed, with costs, and judgment ordered for plaintiff, with costs.