Continental-American Bank & Trust Co. v. United States

LEE, Circuit Judge.

The United States brought these two suits against appellants, defendants below, on their guarantees of endorsements made on six checks. For the purpose of this appeal the facts of the two suits are identical.

The complaints and affidavits annexed to motions for summary judgment made by the defendants show that one Bertha Smith, posing as Beulah Mitchell Gibbs, the un-remarried widow of Ben Gibbs, Jr., made a fraudulent application to the Veterans Administration. An officer of the Treasury drew the six checks on the Treasury of the United States, payable to Beulah Mitchell…