B-118163, JUL. 8, 1955
Highlights
J. RILEY WARREN: REFERENCE IS MADE TO YOUR LETTER DATED MAY 4. AS YOU WERE PREVIOUSLY ADVISED. YOUR CLAIM AND THE RELATED FILE WERE SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS. MUST BE CONSIDERED CONCLUSIVE OF THE QUESTION WHETHER THE CHECK WAS RECEIVED AND NEGOTIATED BY YOU. YOU HAVE FAILED TO FURNISH ANY EVIDENCE IN SUPPORT OF YOUR CLAIM OTHER THAN YOUR OWN SELF-SERVING ALLEGATION THAT YOU DID NOT RECEIVE AND NEGOTIATE THE CHECK. SUCH UNSUPPORTED STATEMENT IS INSUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH MUST BE ACCORDED THE OPINION OF THE GOVERNMENT'S HANDWRITING EXPERT. SINCE YOU HAVE FURNISHED NO EVIDENCE IN SUPPORT OF YOUR CLAIM NOT PREVIOUSLY CONSIDERED HERE.
B-118163, JUL. 8, 1955
TO MR. J. RILEY WARREN:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 4, 1955, REQUESTING RECONSIDERATION OF OUR DECISION DATED JANUARY 13, 1954, TO YOU, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR PROCEEDS OF CHECK NO. 36,137,518 IN THE AMOUNT OF $178.
AS YOU WERE PREVIOUSLY ADVISED, YOUR CLAIM AND THE RELATED FILE WERE SUBMITTED TO THE EXAMINER OF QUESTIONED DOCUMENTS, A GOVERNMENT HANDWRITING EXPERT, WHO REPORTED THAT IN HIS OPINION THE CHECK BEARS YOUR GENUINE INDORSEMENT.
SUCH OPINION, IN THE ABSENCE OF ANY EVIDENCE TO THE CONTRARY, MUST BE CONSIDERED CONCLUSIVE OF THE QUESTION WHETHER THE CHECK WAS RECEIVED AND NEGOTIATED BY YOU.
YOU HAVE FAILED TO FURNISH ANY EVIDENCE IN SUPPORT OF YOUR CLAIM OTHER THAN YOUR OWN SELF-SERVING ALLEGATION THAT YOU DID NOT RECEIVE AND NEGOTIATE THE CHECK. SUCH UNSUPPORTED STATEMENT IS INSUFFICIENT TO OVERCOME THE PRESUMPTION OF CORRECTNESS WHICH MUST BE ACCORDED THE OPINION OF THE GOVERNMENT'S HANDWRITING EXPERT.
ACCORDINGLY, AND SINCE YOU HAVE FURNISHED NO EVIDENCE IN SUPPORT OF YOUR CLAIM NOT PREVIOUSLY CONSIDERED HERE, THE ACTION TAKEN IN THE DECISION OF JANUARY 13, 1954, IS AFFIRMED.