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The essential question which will deside the
issue as to who must bare the loss is whether or not the
sigatures on the cheques are genuine.
Both Mr. Messer and Mr. Black repudiate their
sigatures as forgeries.
not
The repudiation appears to be based/on the
dessimilarly between the repudiated signatures and the
ordinary signatures of these officers (though Mr. Messer
would point to an unusual lack of visibility in the pen
grooves and to his signature being too near tomthe dotted
line), but on their belief that they could not have been
induced to sign cheques for such large amounts in favour
of unknown persons without being prompted to give to the
supporting vouchers such rigid scouting as would have
brought to light the fraud.
If Mr. Dallin's recollection of the conversation
at the bank in correct Mr. Black's suggestion that he
should return to the Treasury and see if there were any
vouchers would go far to destroy the value of any evidence
which he might give basing his repudiation on such belief.
Mr. Dovey's report points out certain pecularities
in both the signatures which occur in all three of
the cheques.
These pecularities are sufficient to give rise
to some suspicion that the signatures may be forgeries.
To convince a jury that the signatures are forgeries
we have got to go much further than showing grounds for
suspicion.
Every one of the pecularities which Mr. Dovey points
out can be found in some small percentage of cheques which
bear undisputably genuine signatures. Except the placing of
Mr. Black's signature in relation to the word"Cashier".
There is no single point in the formation of any letter,
the placing or spacing of letters or any integral part of
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