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119 Misc. 534

Strauss v. Miltenberger

New York Supreme Court

Decided November 15, 1922

New York Supreme Court · decided 1922-11-15

Relies on First Nat. Bank of Jersey City v. . Leach · Minot v. Russ · Times Square Automobile Co. v. Rutherford National Bank

Decided 1922-11-15

Per Curiam.

¶1As the maker of the check, payable to himself, procured its certification, the fact of certification does not affect his liability either as maker or indorser. First Nat. Bank of Jersey City v. Leach, 52 N. Y. 350, 353; Times Sq. Auto. Co. v. Rutherford Nat. Bank, 77 N. J. L. 649; Minot v. Russ, 156 Mass. 458. The plaintiff’s prima facie case was not overcome by the proofs offered to show that he was not a holder in due course without notice.

¶2Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

¶3All concur; present, Cur, Bijur and Mullan, JJ.

¶4Judgment reversed.

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