B-128521, AUG. 27, 1956

B-128521: Aug 27, 1956

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IVY BAKER PRIEST: REFERENCE IS MADE TO A LETTER OF MAY 22. THE RECORD SHOWS THAT THE PAYEE WAS A PRISONER AT THE POST STOCKADE. AT THE TIME THE CHECK WAS NEGOTIATED. THE CHECK WAS ACCEPTED BY THE FIRST NATIONAL BANK OF LEBANON BANKING FACILITY AT THE MILITARY RESERVATION. THE EXAMINER OF QUESTIONED DOCUMENTS HAS RENDERED AN OPINION TO THE EFFECT THAT THE PAYEE WAS NOT THE AUTHOR OF THE ENDORSEMENT OF HIS NAME ON THE CHECK. IT IS STATED IN THE LETTER OF MAY 22. THAT THE BANK PERSISTENTLY DENIES LIABILITY ON THE GROUND THAT THE CHECK WAS NEGOTIATED BY AN AUTHORIZED PERSON AND THAT THE MILITARY AUTHORITIES AT THE RESERVATION ARE RESPONSIBLE. - WHOSE ENDORSEMENT WAS MADE AS PART OF HIS OFFICIAL DUTIES AND WITH OFFICIAL APPROVAL OF MILITARY AUTHORITIES.

B-128521, AUG. 27, 1956

TO MRS. IVY BAKER PRIEST:

REFERENCE IS MADE TO A LETTER OF MAY 22, 1956, CC-437-DB, FROM THE SPECIAL ASSISTANT TREASURER, TRANSMITTING THE FILE RELATIVE TO THE WRONGFUL NEGOTIATION OF TREASURY (TAX REFUND) CHECK NO. 17,260,441, DATED FEBRUARY 14, 1952, FOR $66.30, DRAWN BY I. CARRICO, SYMBOL 448, TO THE ORDER OF JOHN EARL WILSON. OUR OFFICE REFERRED THE MATTER TO YOU UNDER DATE OF SEPTEMBER 17, 1953, AFTER THE PAYEE HAD ALLEGED NONRECEIPT OF THE CHECK.

THE RECORD SHOWS THAT THE PAYEE WAS A PRISONER AT THE POST STOCKADE, INDIANTOWN GAP MILITARY RESERVATION, PENNSYLVANIA, AT THE TIME THE CHECK WAS NEGOTIATED. THE CHECK WAS ACCEPTED BY THE FIRST NATIONAL BANK OF LEBANON BANKING FACILITY AT THE MILITARY RESERVATION, FROM E. R. JOYCE, WHOSE NAME APPEARS ON THE CHECK BENEATH THE PAYEE'S NAME, AND WHO HAD AUTHORITY TO NEGOTIATE CHECKS FOR MILITARY PERSONNEL OF HIS UNIT AND FOR PATIENTS AT THE INDIANTOWN GAP MILITARY RESERVATION. THE EXAMINER OF QUESTIONED DOCUMENTS HAS RENDERED AN OPINION TO THE EFFECT THAT THE PAYEE WAS NOT THE AUTHOR OF THE ENDORSEMENT OF HIS NAME ON THE CHECK.

IT IS STATED IN THE LETTER OF MAY 22, 1956, THAT THE BANK PERSISTENTLY DENIES LIABILITY ON THE GROUND THAT THE CHECK WAS NEGOTIATED BY AN AUTHORIZED PERSON AND THAT THE MILITARY AUTHORITIES AT THE RESERVATION ARE RESPONSIBLE. IN VIEW OF THE BANK'S PERSISTENCE IN THE MATTER, THE SMALL AMOUNT INVOLVED, AND THE FACT THAT E. R. JOYCE--- WHOSE ENDORSEMENT WAS MADE AS PART OF HIS OFFICIAL DUTIES AND WITH OFFICIAL APPROVAL OF MILITARY AUTHORITIES--- WOULD BE LIABLE TO THE BANK, IT IS REQUESTED IN THE LETTER THAT THE TREASURER BE AUTHORIZED TO ABANDON RECLAMATION PROCEEDINGS.

IT IS ALSO REQUESTED HEREIN THAT THE FILE BE RETURNED TO THE TREASURY DEPARTMENT IN ORDER THAT THE CLAIM OF THE PAYEE OF THE CHECK MAY BE CONSIDERED FOR SETTLEMENT FROM THE CHECK FORGERY INSURANCE FUND ESTABLISHED PURSUANT TO THE ACT OF NOVEMBER 21, 1941, 55 STAT. 777, 31 U.S.C. 561, 562.

IN VIEW OF THE UNUSUAL FACTS AND CIRCUMSTANCES APPEARING IN THIS CASE AND, PARTICULARLY, THE SMALL AMOUNT INVOLVED, OUR OFFICE WILL NOT OBJECT TO THE ABANDONMENT OF RECLAMATION, AND SETTLEMENT WITH THE PAYEE UPON THE BASIS INDICATED.