Fiss Corp. v. National Safety Bank & Trust Co.

This is an action upon a certified check. Although the complaint does not so state, the chronology of events suggests and the argument has assumed that the plaintiff, payee and holder, procured the certification. I proceed upon that assumption. The effect of the certification was to discharge the drawer from liability, as the certification was equivalent to an acceptance (Negotiable Instruments Law, §§ 323, 324). When the bank certified the check it engaged that it would pay it to its lawful holder, and it cannot now resist payment in order to make a setoff available to its depositor; by the…