Page:Federal Reporter, 1st Series, Volume 6.djvu/146

 134 fedkbal sepobieb. �United States v. The Central National Bank of Phila- �DELPHIA,* {District Court, E. D. Pennsylvania. Pebruary 7, 1881.) �1. Patmbnt of CiiBCK BT United States on Forqed Indobsbmbnt — �DVII OP QOTURNMBKT TO GiVE NoTICE Ef IlEASONABLB TlMII— FORFEITUEE OP KiGHTS BT DeTjAT. �The failure of the United States to give notice of the forgery of an indorsement of a check on the treasury within a reasonable time after the payment of the check will bar its iecovery of the money f rom the person to whom the check was paid. �2. SAMB — GOVBHIIMBNT BOUND BT 8AMB RlTLES A8 iNDrVTDUALS. �The government, when dcaling with commercial paper, is bound to observe the same rules respecting vigilance that are enforced against individuals. �Assumpsit by the United States against the Central Na- tional Bank, to recover the amount of the following check paid by plaintiff to defendant upon a forged indorsement : �"No. 6640. Washington, March 24, 1868. �"Assistant treasurer of the United States pay to the order of Jos. Barr one Imndred dollars. "$100. C. Holmes, �"Paj-master U. S. A. [Indorsed] — "Joseph Bare, "Jas. Barr, "James M. Sellees." �The check had been presented and paid in due course. Sometime between May 27, 1879, and July 26, 1879, the United States received notice that the indorsement of the name of James Barr was a forgery, and on July 31, 1879, brought tins suit to recover the amount of the check. No notice of the forgery had been given to the defendant prior to the bringing of suit. �The court directed a verdict for plaintiff, subject to the de- cision of the court upon the following point of law reserved, �*Keported liy Frank P. Prichard, Bsq., of the Philadelphia bar. ��� �