“ Often the bare receipt of the paper, accompanied by payment, is equivalent to an adoption within the meaning of the rule; because, as every man is presumed to know his own signature, and ought to detect its forgery by simple inspection, the examination which he can give when the demand upon him is made is all that the law considers necessary for his protection. He must repudiate as soon as he ought to have discovered the forgery ”

“ The rights, therefore, of the bank as the apparent acquirer of the pension checks are to be governed by the nature and character of the instruments, and cannot be enlarged so as to relieve the bank from the obligation of warranty implied in the presentation of checks and the collecting of the amount. ”

“ Under these conditions the warranty of genuineness implied by the presentation and collection of the checks bearing the forged indorsement having been broken at the time the checks were cashed by the United States, and the cause of action having therefore then accrued, the right to sue to recover back from the Exchange Bank was not conditioned upon either demand or the giving of notice of the discovery of facts which, by the operation of the legal warranty, were presumably within the knowledge of the defendant. ”

“ The forgery here was in the name of the payee, and it is therefore impossible, as it was in the case of White v. Continental Nat. Bank and in the Leather Mfrs' Bank Case, to bring this cause within the exceptional rule without holding that the United States was charged with knowledge of the signatures of the vast multitude of persons who are entitled under the law to receive pensions. ”

“ Thus eliminating the exceptional rule, the court held that, as the Continental Bank had presented the forged draft for payment, and had, under the principles of commercial liability, at least impliedly warranted its genuineness, the bank was liable to repay to White & Company. ”

“ The pensioner is required to exhibit his pension certificate to such officer, and also to sign and make oath to a statement as to his identity, his existing right to the pension, and his postoffice address. The officer is required to certify as to inspection of the pension certificate ”

“ Unnecessary delay, under such circumstances, is unreasonable; and unreasonable delay is negligence, which throws the burden of the loss upon him who is guilty of it, rather than upon one who is not. The rule is thus well stated in Gloucester Bank v. Salem Bank, 17 Mass. 45: 'The party receiving such notes must examine them as soon as he has opportunity, and return them immediately; if he does not, he is negligent ”