Who wins in court - centrac or cibc


Problem: Office Plus Interiors purchased office furniture from Centrac with a certified cheque for $48,000. The Canadian Imperial Bank of Commerce ("CIBC") certified that cheque because Office Plus had just deposited a $76,000 cheque into its CIBC bank account. CIBC then learned that the $76,000 cheque would not be honoured, and phoned Centrac to inform Centrac that CIBC had stopped payment on the certified $48,000 cheque. CIBC dishonoured the cheque when Centrac brought it in for payment. Centrac sued CIBC. Who wins in court, Centrac or CIBC? CIBC, because the certified cheque was subject to the strength of Office Plus Interiors' bank account. Centrac, because once certification was made, CIBC had guaranteed payment on the $48,000 cheque. CIBC, because it is the drawer, and not the drawee, that is ultimately responsible to the holder in due course. Centrac, because Office Plus had guaranteed payment of the $48,000 cheque once certification was made.

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