Page:Federal Reporter, 1st Series, Volume 3.djvu/73

 66 TEDEBAIi BEPOBTEB. �I therefore decide in favor of the defendant Willie K. Tirrell. The agreement provides that I should decree a con- veyance to the par son or persons whom I should find entitled; but I doubt whether, under the pleadings, I can properly. make the decree in that form. �Decree to be drawn in accordance with this opinion. ���The Mkbchants' National Bank op Baltimore v. Thb Fibst National Bank 01" Baltimore. �{Oireuii Court, D. Maryland. June 30, 1880.) �L Ihdobsbb— Statuts of Limitations.— In a suit by the drawee (rf a bill exchange against an indorser, where such bill was drawn by tho treasurer of the United States, and the name of the payee forged, the statute of limitations does not begin to run untll judgment bas been obtained by the United States against the drawee. �Appeal from the district court. �Marslial & Brown, for appellant. �Daniel d Sterling, iat appellee. �Waite, C. J. On the sixteenth of March, 1867, t^e treas- urer of the United States made his draft on the First Naticoial Bank of Baltimore, a govemment depository, for $1,609.55,, payable to the order of William Orndorff. This check, appa- rently indorsed by Orndorff, the payee, and one Hargert, \niai forwarded by the Shenandoah Valley National Bank, witfa it» own indorsement, to the Merehants' National Bank of Balti- more for collection. On the twenty-second of March it wasi indorsed by the Merehants' National, and, on presentation, paid by the First National in due course of business, both.. parties supposing the indorsement of the name of Omdorfifl •was genuine. When the payment was made the amount ■was charged in account by the First National against the United States, and the draft forwarded -with the next weekly statement to the treasury for credit, which was allowed -vrith- out objection. Ten years afterwards, in 1877, tiie United States having beeome satisfied that the indorsement of Oni', ����