Yuni v. Herscovitz

The giving of a check may be regarded as payment in the popular sense. In the strict legal sense, however, in the absence of an agreement to accept the same as payment, a check is not a discharge of a debt. (Cromwell v. Lovett, 1 N. Y. Super. Ct. [1 Hall] 56; Hunter v. Wetsell, 84 N.Y. 549; 48 C. J. 617; Liberty National Bank v. Simpson, 187 Okla. 274; 102 P. [2d] 844; Cohen’s Department Stores, Inc., v. Siegel, 60 Ga. App. 79; 2 S. E. [2d] 762.)

The check in the case at bar had been certified. Had it been certified at plaintiff’s request the defendant’s obligation to pay the interest would…