United States v. United States Fidelity & Guaranty Co.

CHATFIELD, District Judge.

The United States has brought suit to recover the sum of $1,301.96 paid to- the defendant Harris between January 1, 1905, and December 31, 1910, as a part of his salary as assistant paymaster during that period.

[ 1 ] It appears that Harris was an enlisted man in the United States navy, having served from May 10, 1898, until June 13, 1900, upon which day he received a discharge upon the express statement that his services were no longer required. It also appears that he had requested this discharge upon the day before, when he learned that he had been certified as…