Welch v. Bank of the Manhattan Co.

The action is to recover on two cheeks totaling $2,750, drawn on the defendant bank to the order of the plaintiff by one Ernest J. Pirman and certified at the latter’s request. The checks were delivered by Pirman to plaintiff as part payment for the purchase and sale of a parcel of real estate. Plaintiff presented the checks to the bank but payment was refused. The refusal was at the request *907of the drawer, Firman, who claimed that plaintiff had breached the contract of purchase and sale and had committed serious waste on the property. Defendant moved to interplead Firman as party defendant.…