UNITED STATES v. FIRST NAT. BANK

No. 2557.

131 F.2d 985 (1942)

UNITED STATES v. FIRST NAT. BANK, ALBUQUERQUE, N. M.

Circuit Court of Appeals, Tenth Circuit.

November 2, 1942.


Attorney(s) appearing for the Case

Paul A. Sweeney, Atty., Department of Justice, of Washington, D. C. (Francis M. Shea, Asst. Atty. Gen., Everett M. Grantham, U. S. Atty., of Santa Fe, N. M., and K. Gill Shaffer, Asst. U. S. Atty., of Albuquerque, N. M., on the brief), for appellant.

Pearce C. Rodey, of Albuquerque, N. M., for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

This appeal presents the question whether under these facts the United States, as drawer and drawee of a treasury check, can recover the amount of same upon the guaranteed endorsement of an endorsee bank, which has paid the proceeds of the check on the forged endorsement of an impostor, to whom the drawer delivered the same under the mistaken belief that the impostor was the true payee named in the check, and entitled to receive the same.

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