John McLean

“ If the money of the United States is advanced by one agent of the government to another, this is prima facie, by necessary implication, an advance to the use of the government. In the case before the court, by the terms of the receipt given by the defendant, this is shown; as the receipt acknowledges the money to have been paid by James Morrison, 'deputy quarter master general of the United States,' to Thomas Buford, 'deputy commissary general;' and promises to account for the same. ”

“ If they are, the defendant must go without day.
The declaration, whether it must be considered as general or special, is a statement of a debt due to Morrison, and assigned to the United States, and the pleas allege that if the debt existed, it is barred by the statute of limitations, and there is no claim. This is not met by the United States. They do not traverse this, and thus put it in issue; nor do they traverse the defendant's allegation which is made, that the transaction with Morrison was private. The replication is therefore defective. ”

“ The record never shows why acts of the character of that complained of are done, and thus a superior court would often be found proceeding upon very different circumstances from those which existed in the case. ”