United States v. National Bank of Commerce in New Orleans

AINSWORTH, Circuit Judge:

This action was brought by the United States of America on behalf of the Treasury Department to recover the proceeds of twenty-two Treasury checks in the total sum of $7,241 from the National Bank of Commerce in New Orleans, Louisiana. 1 The complaint was based on a written contract of guaranty and for money paid by mistake subsequent to the death of Raymond D. Clark, payee on the Treasury checks. All of the checks were indorsed and negotiated by the Bank after Clark’s death. The Government and the Bank filed cross-motions for summary judgment. The District Court…