United States v. Geise

MANTON, Circuit Judge.

A verdict was directed below for the appellant in the sum of $665.09, with interest, in an action against the appellee for defalcations of John J. Geise, an officer of the United States Army. Appellant in its complaint claimed $5,347.85. It appeals because recovery was limited to the lesser sum for the reason that the court below found the suit was not started within five years after *584the statement of account was rendered to the surety. Act Aug. 8, 1888, c. 787, § 2, 25 Stat. 387 (U. S. Code, § 5, title 6 [6 USCA § 5]). Geise entered the army service November 7, 1917,…