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United States v. Continental Casualty Co.

February 10, 1941

UNITED STATES
v.
CONTINENTAL CASUALTY CO.



Appeal from the District Court of the United States for the Southern District of New York.

Author: Clark

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 imposter 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.

19410210

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