Page:Federal Reporter, 1st Series, Volume 3.djvu/313

 306 tedebal befobteb. �bond. When the defendant presented the bond, and Ibis power of attorney, the assistant treasurer received the same, and gave to defendant the follo-wing receipt : �"Eeceived from Alexander Pinover, attorney, $500, in U. S. 6-20 bonds; payment made subject to examination and acceptance of bonds by the department at Washington. �"G. N. Patteeson, "Department Assistant Treasurer." �The defendant at the same time executed upon the back of the bond the following instrument : �"For value received I assign unto the secretary of the treasury for redemption. �"Alexandeb Pinoveb, Attorney. �"November i. 1878." �The defendant was told to take the receipt to the cashier in another part of the building and get bis money. He did so, and upon presentation of the receipt to the cashier he was paid the amount due ou the bond, and gave a receipt for it as f ollows : �"New York, November 4, 1878. �"The treasury of the United States redeemed to Alexander Pinover United States 5-20 bonds, account, etc., $500.00 Interest, - ... 7.64 ���$507,64 "Eeceived paymeni. �"Alexandeb Pinoveb." �Upon examination at Washington it wasdiscovered that this bond was one which had been reported lost or stolen, and for which a duplicate had been issued to Eobert Mickle, upon bis giving a bond of indemnity. Thereupon the plaintifif made demand upon the defendant for repayment of the money, and, that being refused, brought this suit to recover the same as money paid under a mistake of fact, alleging that what pur- ported to be the signature of Eobert Mickle to the assign- ment was a forgery. �The answer of the defendant denied the forgery, and set up as a separate defence that he acted in good faith and only as ����