MR. JUSTICE MILLER delivered the opinion of the court.
The action in the present case is brought against the same defendant on indorsements of drafts precisely similar to the indorsements in White v. National Bank, though by a different plaintiff. There is in that case the same money count joined with special counts on the drafts, and the same evidence that the money came to the use of the defendant.
In this case, however, the parties waived...
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