Wachtel v. Rosen

The complaint herein alleges that Arthur Wachtel, defendants’ testator, gave his check to plaintiff, drawn on the National Park Bank and that such check was duly presented by such holder for certification and 'certification refused. The complaint has been dismissed for failure to state facts sufficient to constitute a cause of action. An appeal to this court has been allowed on a certified question: “ Does the complaint herein state facts sufficient to constitute a cause of action? ”

The basic question is whether the refusal by a drawee bank to certify a check at the request of the holder…