Wednesday, November 28, 2012

Cashiers' checks.

Practice point: A cashier's check is the primary obligation of the issuing bank which, acting as both drawer and drawee, accepts the check upon its issuance.

Student note: Once a bank issues a cashier's check, it cannot thereafter stop payment, even upon a request from its customer, unless there is evidence of fraud, or evidence that the check was lost, stolen, or destroyed.

Case: Golden v. Citibank, N.A., NY Slip Op 07272 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Leading questions, and assuming facts not in evidence.