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Civil Procedure Keyed to Hazard
Clearfield Trust Co. v. United States
Citation:
318 U.S. 363, 63 S.Ct. 573, 87 L.Ed. 838 (1943)Facts
The United States (Plaintiff) issued a check to Clair Barner. Barner never received the check, but it was cashed at a J.C. Penney with a forged signature. J.C. Penney gave the check to Clearfield Trust Co. (Defendant), which collected the funds owed on the check from Plaintiff through the Federal Reserve. Barner informed Plaintiff he had not received the check in May 1936. Defendant learned of the forgery in January 1937, and Plaintiff asked Defendant for reimbursement in November 1937. In 1939, the United States sued Defendant based on its guaranty of all prior endorsements, to recover the amount of the check.
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