
    Abraham Strauss, Appellant, v. Charles Miltenberger, Respondent.
    Supreme Court, Appellate Term, First Department,
    October Term —
    Filed November, 1922.
    Banks and banking — certification of check payable to maker.
    The certification of a check for the maker and payable to him does not affect his liability either as drawer or indorser.
    Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, in favor of the defendant entered on a dismissal of the complaint at the close of the whole case, after trial by the court without a jury.
    
      Louis E. Felix (Louis Engelberg, of counsel), for appellant.
    
      Fliashnick & Sustick (Emanuel Sustick, of counsel), for respondent.
   Per Curiam.

As 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.

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

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

Judgment reversed.  