Page:Federal Reporter, 1st Series, Volume 6.djvu/147

 UNITED STATES V. CENT. NAT. BANK, PHILADELPHIA. 1S5 �viz. : that "the United States was bound to give notice to the defendant of the forged indorsement within a reasonable time after the check canie intp its hands and was paid by it, and its failure to give such notice and make claim on the defendant amounts to such negligence as mil bar a recov- ery." Defendant moved for judgment non obstante veredicto on the point reserved. McKennan, C. J., was present at the argument of the rule. �John K. Valentine, U. S. Dist. Att'y, for plaintiff. �Edward L. Perkins, for defendant. . �BuTLEB, D. J. Judgment must be entered for the defend- ant on the reserved points. The case is ruled by the U. 8. V. Cooke, decided in this court in 1872 : 9 Phila. Eeps. 468.* I do not find any case inconsistent with this, unless it be the U. S. V. The Second Nat. Bank of Jersey City,, decided in the Nev? Jersey district in 1872. That case involved the point. The question does not appear to have been pressed, however, by counsel, or considered by the court. No good reason ean be assigned for relieving the government, when dealing with commercial paper, from observance of the rules respect- ing vigilance, which are enforced against individuals; that this view is entertained by the supreme court, is plainly indi- cated by the case of Cooke v. U. S. 91 U. S. 397. �*This case was argued before the late Judge Cadwalader, and the opin- ion delivered by him, but it was understood that McKennan, 0. J., con- curred therein. ��� �