Wachtel v. Rosen

Plaintiff, as holder of á check issued by defendants’ testator to her, sues his personal representatives, alleging in her complaint the making and delivery of the check to her, its presentation to the drawee bank “for certification,” the refusal of the bank to certify, and due notice of such refusal to the drawer. Defendants move, under rule 106 of the Rules of Civil Practice, for judgment dismissing the complaint, on the ground that it appears upon its face that it does not state facts sufficient to constitute a cause of action, and they charge as a specific defect that the complaint fails…