B-134655, MAY 5, 1958

B-134655: May 5, 1958

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WAS WRITTEN IN CONNECTION WITH YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 1. THE CLAIM WAS DISALLOWED BY THIS OFFICE ON THE BASIS THAT A CLAIM ON CHECK NO. 810. 154 WAS PRESENTED TO THIS OFFICE BY MR. WAS COMPARED WITH YOUR SIGNATURE ON A RECENT LETTER BY A HANDWRITING EXPERT. WHO REPORTED THAT THERE IS ENOUGH AGREEMENT BETWEEN THE SIGNATURES ON THE LETTERS TO INDICATE THAT THEY ARE IN THE HAND OF THE SAME PERSON. WAS NOT SIGNED BY YOU. YOU STATE ALSO THAT IT IS IMPOSSIBLE FOR YOU TO OBTAIN A STATEMENT FROM MR. IS YOUR OWN. JUMA FOR COLLECTION PROVIDES A BASIS ON WHICH TO AVOID THE EFFECT OF THE UNRESTRICTIVE ENDORSEMENT UNLESS IT CAN BE SHOWN THAT YOUR ENDORSEMENT IN THIS MANNER WAS PROCURED BY FRAUD.

B-134655, MAY 5, 1958

TO MR. AMID FTEHA:

YOUR LETTER OF MARCH 14, 1958, WAS WRITTEN IN CONNECTION WITH YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 1,716,115 DATED NOVEMBER 15, 1954, FOR 1,585.36, PHILIPPINE PESOS DRAWN TO YOUR ORDER AS A SUBSTITUTE TO CHECK NO. 810,154, DATED SEPTEMBER 16, 1952, ALSO DRAWN TO YOUR ORDER. THE CLAIM WAS DISALLOWED BY THIS OFFICE ON THE BASIS THAT A CLAIM ON CHECK NO. 810,154 WAS PRESENTED TO THIS OFFICE BY MR. J. M. JUMA AS HOLDER FOR VALUE ACCOMPANIED BY A STATEMENT DATED NOVEMBER 20, 1954, BEARING YOUR SIGNATURE TO THE EFFECT THAT MR. JUMA HAD PAID YOU VALUE FOR THE CHECK.

IN OUR RECENT LETTER TO YOU DATED FEBRUARY 5, 1958, WE ADVISED YOU THAT THE SIGNATURE ON THE STATEMENT OF NOVEMBER 20, 1954, WAS COMPARED WITH YOUR SIGNATURE ON A RECENT LETTER BY A HANDWRITING EXPERT, THE EXAMINER OF QUESTIONED DOCUMENTS, UNITED STATES TREASURY DEPARTMENT, WHO REPORTED THAT THERE IS ENOUGH AGREEMENT BETWEEN THE SIGNATURES ON THE LETTERS TO INDICATE THAT THEY ARE IN THE HAND OF THE SAME PERSON. WE ALSO ADVISED YOU THAT YOUR UNRESTRICTIVE ENDORSEMENT ON CHECK NO. 810,154 TO MR. JUMA PASSED TITLE OF THE CHECK TO MR. JUMA WITH THE RIGHT TO COLLECT THE AMOUNT THEREOF. WE ENCLOSED A PHOTOSTATIC COPY OF THE LETTER OF NOVEMBER 20, 1954 AND CHECK NO. 810,154, BEARING YOUR UNRESTRICTIVE ENDORSEMENT FOR YOUR USE.

IN YOUR LETTER OF MARCH 14, 1958, YOU STATE THAT THE LETTER OF NOVEMBER 20, 1954, WAS NOT SIGNED BY YOU; THAT MR. JUMA OFFERED TO CASH THE CHECK FOR YOU BUT DID NOT GIVE YOU ANYTHING FOR IT; THAT YOU DID NOT REALIZE THE CONSEQUENCES OF THE UNRESTRICTIVE ENDORSEMENT TOMR. JUMA; AND THAT YOU ONLY GAVE THE CHECK TO HIM FOR COLLECTION. YOU STATE ALSO THAT IT IS IMPOSSIBLE FOR YOU TO OBTAIN A STATEMENT FROM MR. JUMA WITHDRAWING HIS CLAIM ON THE CHECK AND REQUEST THAT THE CHECK NOT BE PAID TO MR. JUMA.

WHILE YOU DENY THAT THE SIGNATURE ON THE LETTER OF NOVEMBER 20, 1954, IS YOUR OWN, THE OPINION RENDERED BY THE GOVERNMENT HANDWRITING EXPERT REFUTES THIS. IN ANY EVENT THE UNRESTRICTIVE ENDORSEMENT ON THE CHECK TO THE ORDER OF MR. JUMA OPERATES UNDER LAW TO PASS TITLE OF THE CHECK TO MR. JUMA. NEITHER YOUR IGNORANCE OF THE EFFECT OF THIS FORM OF ENDORSEMENT NOR YOUR STATED INTENTION TO GIVE THE CHECK TO MR. JUMA FOR COLLECTION PROVIDES A BASIS ON WHICH TO AVOID THE EFFECT OF THE UNRESTRICTIVE ENDORSEMENT UNLESS IT CAN BE SHOWN THAT YOUR ENDORSEMENT IN THIS MANNER WAS PROCURED BY FRAUD, UNDUE INFLUENCE, DURESS, OR OTHER ILLEGAL MEANS.

AS SHOWN THE EVIDENCE BEFORE THIS OFFICE ESTABLISHES, PRIMA FACIE, A TRANSFER OF TITLE OF CHECK NO. 810,154 FROM YOU TO MR. JUMA. YOU HAVE OFFERED NO EVIDENCE WHICH WOULD CONTRADICT OR NEGATE THIS EVIDENCE, THEREFORE, OUR OFFICE IS UNABLE TO MAKE PAYMENT OF THE CHECK TO YOU.