Freistat v. Industrial Bank of Commerce

It was not disputed that the defendant bank certified the checks through a mistake by one of its tellers. The record discloses, however, that the plaintiff payee of the checks has not been damaged by the certifications, nor has she changed her position in reliance thereon. In the circumstances the defendant is absolved from liability upon the checks (Carnegie Trust Co. v. First Nat. Bank, 213 N. Y. 301; Wachtel v. Rosen, 249 N. Y. 386; Metropolitan Life Ins. Co. v. Bank of United States, 259 N. Y. 365; Baldinger & Kupferman Mfg. Co. v. Manufacturers-Citizens Trust Co., 93 Misc. 94; Smith v.…