Central Hanover Bank & Trust Co. v. Mirror

This motion by the plaintiff for summary judgment presents the uncommon question as to who must bear the loss *367occasioned by the non-payment of certified checks, where the certification was not procured by the holder, within the meaning of section 324 of the Negotiable Instruments Law.

In 1922 the defendant, The Mirror, leased from the plaintiff’s predecessor the premises 574 Fifth avenue, for a term of approximately twenty-five years. The said lease contained the following pertinent provisions:

“ The Lessor in consideration of the rents, covenants and conditions herein reserved and contained,…