Sundail Construction Co. v. Liberty Bank of Buffalo

The case was tried upon a stipulated set of facts. Judgment has gone against defendant bank under the following circumstances: Plaintiff drew its check to the order of C. D. Blair and delivered it to him. The stipulations show that plaintiff had *261an agreement with the payee that the check should not be used by him unless and until a certain business contract had been obtained by C. D. Blair for plaintiff. No such contract was ever brought about and there was no other consideration for the making and delivery of the check. C. D. Blair through an appointee caused the check to be certified, then…