Plantations Bank of Rhode Island v. DESROMIER

This bill in equity 1 presents a situation in which the drawer of a check stopped payment thereon, and subsequently the bank, through mistake, certified the check to the payee, who then deposited it in his own bank. The bill, insofar as pertinent here, prays that the certification be cancelled. The cause was heard by a justice of the superior court on bill, answer and proof, after which a decree was entered granting the plaintiffs’ prayer for the cancellation of the certification. The case is before us on the defendant’s appeal from such decree.

This appeal presents a question of first…