B-128696, AUG. 27, 1956

B-128696: Aug 27, 1956

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THE CHECK WAS PRESUMABLY MAILED TO THE ADDRESS STATED THEREON. THE RECORD INDICATES WAS THEN YOUR MAILING ADDRESS. IT WAS ENDORSED IN YOUR NAME AND NEGOTIATED AT THE SOUTH END BANK AND TRUST CO. WAS SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS. RENDERED THE UNQUALIFIED OPINION THAT YOU WERE THE ENDORSER OF YOUR NAME ON THE CHECK. THE BEST EVIDENCE OF THE PROPER NEGOTIATION OF A CHECK IS THE ENDORSEMENT THEREON. THE HANDWRITING IN WHICH THE ENDORSEMENT IS WRITTEN IS CONTROLLING. WHERE THE CHECK WAS CASHED WAS INTERVIEWED AND STATED THAT. WHILE THEIR BANK WAS UNABLE TO RECALL THE TRANSACTION WITH REFERENCE TO CASHING THE CHECK. THE PRESENTER MUST HAVE HAD SUFFICIENT IDENTIFICATION AT THE TIME.

B-128696, AUG. 27, 1956

TO MR. MICHAEL MUNDY:

WE REFER TO YOUR LETTER, FORWARDED TO OUR OFFICE BY THE TREASURY DEPARTMENT, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 11, 1952, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TREASURY (1949 TAX REFUND) CHECK NO. 14,912,878, DATED MARCH 7, 1950, DRAWN TO YOUR ORDER BY H. H. BARRACLOUGH, SYMBOL 401, IN THE AMOUNT OF $153.60.

THE CHECK WAS PRESUMABLY MAILED TO THE ADDRESS STATED THEREON, NAMELY 167 PARK STREET, HARTFORD, CONNECTICUT, WHICH, THE RECORD INDICATES WAS THEN YOUR MAILING ADDRESS. IT WAS ENDORSED IN YOUR NAME AND NEGOTIATED AT THE SOUTH END BANK AND TRUST CO., HARTFORD, CONNECTICUT. HOWEVER, YOU CONTEND THAT YOU DID NOT RECEIVE OR NEGOTIATE THE CHECK.

THE RECORD SHOWS THAT THE CHECK, TOGETHER WITH SPECIMENS OF YOUR HANDWRITING, WAS SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS, TREASURY DEPARTMENT, A GOVERNMENT HANDWRITING EXPERT, WHO, AFTER EXAMINATION AND COMPARISON, RENDERED THE UNQUALIFIED OPINION THAT YOU WERE THE ENDORSER OF YOUR NAME ON THE CHECK.

THE BEST EVIDENCE OF THE PROPER NEGOTIATION OF A CHECK IS THE ENDORSEMENT THEREON. IN THE ABSENCE OF OTHER POSITIVE EVIDENCE, THE HANDWRITING IN WHICH THE ENDORSEMENT IS WRITTEN IS CONTROLLING. OUROFFICE HAS NO FIRSTHAND INFORMATION AS TO WHO NEGOTIATED THE CHECK. THE DEFINITE OPINION OF THE GOVERNMENT HANDWRITING EXPERT MUST BE ACCEPTED OR AT LEAST GIVEN GREAT WEIGHT, IN DETERMINING SUCH MATTERS. FURTHERMORE, IT ALSO APPEARS FROM THE UNITED STATES SECRET SERVICE REPORT THAT IN THE COURSE OF ITS INVESTIGATION THE PRESIDENT OF THE SOUTH END BANK AND TRUST CO., MR. CHESTER D. JORGENSEN, WHERE THE CHECK WAS CASHED WAS INTERVIEWED AND STATED THAT, WHILE THEIR BANK WAS UNABLE TO RECALL THE TRANSACTION WITH REFERENCE TO CASHING THE CHECK, THE PRESENTER MUST HAVE HAD SUFFICIENT IDENTIFICATION AT THE TIME.

WHILE YOU ARE NO DOUBT SINCERE IN YOUR BELIEF THAT YOU DID NOT RECEIVE THE CHECK, THE EVIDENCE OF RECORD INDICATES THAT YOU ARE MISTAKEN. YOU HAVE SUBMITTED NO EVIDENCE THAT YOU DID NOT ENDORSE OR CASH IT OTHER THAN YOUR UNSUPPORTED DECLARATION TO THAT EFFECT, WHICH IS INSUFFICIENT TO OVERCOME THE EVIDENCE OTHERWISE IN THE RECORD.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 11, 1952, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.