Opinion · Court of Appeals for the Second Circuit

United States v. Continental Casualty Co.

United States v. Cont’l Cas. Co., 117 F.2d 506 (2d Cir. 1941)

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1941-02-10
Topic
bankruptcy

CLARK, Circuit Judge. We think this case is controlled by United States v. Hartford Accident & Indemnity Co., 2 Cir., 117 F.2d 503, this day decided. The facts differ slightly, but not in any ways material to the result. Here, after the veteran’s death and payment of the balance due on his duplicate certificate to his widow, plaintiff made a loan on the original to an impostor who signed the veteran’s name to the promissory note, forged his endorsement of the Treasury check for the loan, and collected upon it.

Citator

UpLaw has not yet analyzed United States v. Continental Casualty Co.. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
UNITED STATES v. CONTINENTAL CASUALTY CO.,117 F.2d 506(2nd Cir. 1941)
UNITED STATES v. CONTINENTAL CASUALTY CO.
No. 182.
Circuit Court of Appeals, Second Circuit.
February 10, 1941.
Appeal from the District Court of the United States for the Southern District of New York.

Action by the United States of America against the Continental Casualty Company on a bond to indemnify plaintiff for payments made on account of a lost adjusted service certificate issued to a war veteran. From a judgment denying plaintiff's motion for summary judgment and granting defendant's motion for summary judgment, D.C.,33 F. Supp. 65, plaintiff appeals.

Reversed and judgment directed.
Jerome H. Doran, Asst. U.S. Atty., of New York City (Francis M. Shea, Asst. Atty. Gen., John T. Cahill, U.S. Atty., and Noel Hemmendinger, Asst. U.S. Atty., both of New York City, and Leavenworth Colby, Atty., Department of Justice, of Washington, D.C., on the brief), for the United States.

Andrew Eckel, of New York City (McCormick Eckel and William F. Giesen, all of New York City, on the brief), for appellee.
Before SWAN, CHASE, and CLARK, Circuit Judges.
CLARK, Circuit Judge.
We think this case is controlled by United States v. Hartford Accident Indemnity Co., 2 Cir.,117 F.2d 503, this day decided. The facts differ slightly, but not in any ways material to the result. Here, after the veteran's death and payment of the balance due on his duplicate certificate to his widow, plaintiff made a loan on the original to an impostor who signed the veteran's name to the promissory note, forged his endorsement of the Treasury check for the loan, and collected upon it. We hold that plaintiff's claim for reimbursement upon a bond of the same form as that considered in the previous case is well taken.

Reversed; judgment directed for plaintiff.