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MONTGOMERY WARD & CO. v. MORRIS

No. 13468.

260 F.2d 504 (1958)

MONTGOMERY WARD & CO., Incorporated, Appellant, v. Norman E. MORRIS, Appellee.

United States Court of Appeals Sixth Circuit.

November 4, 1958.

Attorney(s) appearing for the Case

Ferriss Clay Bailey, Jr., Nashville, Tenn., Ferriss C. Bailey, Nashville, Tenn., on the brief, David L. Dickson, Chicago, Ill., of counsel, for appellant.

A. B. Neil, Jr., Nashville, Tenn., for appellee.

Before MILLER, Circuit Judge, and JONES and THORNTON, District Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

In February, 1956, employees of appellant's Nashville, Tennessee, retail store cashed a check in the amount of $50.00 payable to Norman E. Morris for a person identifying himself by that name. This person gave an address in Nashville which was the same as that of appellee. The endorsement proved to be forged. Appellant's cashier made demand on appellee that he make the check good. Appellee contended that he was not the person...

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