United States v. First Nat. Bank

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.

This action by the United States against the bank is based upon the following undisputed facts. Pursuant to the World War Adjusted…