Brannon v. First National Bank

Stolz, Judge.

The plaintiff bank brought an action against Mr. Brannon and Mr. and Mrs. Holzman to recover, under alternative theories of breach of warranty (Count 1) and unjust enrichment (Count 2), the payment it had made to the Holzmans for a counterfeit U. S. Treasury Bill. The Holzmans, acting as authorized agents of defendant Brannon, had presented the bill, which was in bearer form, to the plaintiff bank for payment. The defendants’ answers alleged that the Holzmans had never seen this type of document before and that the plaintiff bank’s personnel had examined the two treasury bills…