Opinion
No. 9307.
April 13, 1943.
Appeal from the District Court of the United States for the Western District of Tennessee; Marion Speed Boyd, Judge.
Action by the United States against Union Planters National Bank Trust Company, National Bank of Commerce, and the First National Bank, to recover amounts paid by the United States to defendant banks on government checks bearing the forged indorsements of the payee and the indorsements of the presenting banks. From portions of judgments denying recovery, the plaintiff appeals.
Reversed and remanded.
Ellis Lyons, of Washington, D.C. (Francis M. Shea, David L. Kreeger, Ellis Lyons, George F. Foley, and Robert Kaplan, all of Washington, D.C., and William McClanahan and Thomas C. Farnsworth both of Memphis, Tenn., on the brief), for appellant.
Thomas A. Evans, of Memphis, Tenn. (Evans, Evans Creson, Walter P. Armstrong, Walter P. Armstrong, Jr., and Albert F. Johns, all of Memphis, Tenn., on the brief), for appellee.
Before HICKS, SIMONS, and McALLISTER, Circuit Judges.
These consolidated appeals present no question of fact and but one of law, to wit, whether certain of appellant's causes of action are barred by Section 8600 of the Code of Tennessee of 1932, which is as follows: "* * * Actions on contracts not otherwise expressly provided for, shall be commenced within six years after the cause of action accrued."
The District Court answered this question in the affirmative. Upon consideration of Clearfield Trust Co. et al. v. United States of America, 63 S.Ct. 573, 87 L.Ed. ___, since decided by the Supreme Court, on March 1, 1943, we take the contrary view.
Those portions of the judgments which are appealed from are reversed and the causes are remanded for proceedings not inconsistent herewith.