Mirabile v. Udoh

OPINION OF THE COURT

Bernard Klieger, J.

Time and again and in shop after shop throughout this country, one is apprised by notices that personal checks will not be accepted; only certified checks or money orders.

It is the common belief and usage among merchants that the party entitled to sign and deliver a money order issued by a bank is authorized to bind that bank’s credit to the limit expressed in the money order. Within that limit and relying on it, merchants deliver goods and services are rendered. We take judicial notice of that belief and usage, as authorized by the Court of Appeals in…