UNITED STATES v. CAMBRIDGE TRUST COMPANY

No. 5866.

300 F.2d 76 (1962)

UNITED STATES of America, Plaintiff, Appellant, v. CAMBRIDGE TRUST COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided March 6, 1962.


Attorney(s) appearing for the Case

Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., with whom William H. Orrick, Jr., Asst. Atty. Gen., W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellant.

Joseph Ford, Boston, Mass., with whom Thomas W. Wiley and Bingham, Dana & Gould, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


WOODBURY, Chief Judge.

The United States has taken this appeal from a judgment summarily entered against it in an action brought to recover excess amounts paid on postal money orders presented for payment by the appellee bank, all of which had been fraudulently raised by the purchaser-payee. There is no dispute over the facts.

From October 1956 to January 1958 one Ralph Porter purchased 699 postal money orders payable to himself. The orders were in the usual...

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