In RE WINSTON v. Kaspar American State Bank

This action was brought to recover judgment on a check for $10,000 drawn by C. Robert Lazarus payable to the order of plaintiff and certified by the defendant bank. The complaint alleged in substance that plaintiff is the payee of the $10,000 check dated August 31, 1956, which was delivered to plaintiff endorsed “Compensation in full on sale of 1400 Lake Shore Drive Corporation Stock”; that the check was certified at the maker’s request; and that on June 30, 1960 plaintiff endorsed the check and presented it to defendant bank for payment, which payment was refused.

Defendant answered that the…