Enos

The complaint alleges the following facts: That on December 14,1889, one Francisco José Pereira had on deposit in plaintiff’s bank over $1,000, and on May 24, 1890, he had there on deposit over $150; that on the first of these dates plaintiff paid to defendant’s intestate $1,000, at the latter’s instance and request, and on the second date it paid him $150, / ‘under the representation by said Sylvar to said bank, that he had authority from Francisco José Pereira to collect and receive” the said sums; that at these several dates said Sylvar executed to the bank a receipt for the money so received, reading:—

The answer denies the material allegations of the complaint, and alleges that Sylvar had authority to collect and receive the said sums of money, and to receipt for the same; alleges that plaintiff well knew that Sylvar had authority from Pereira to draw said money, and denies that Sylvar made any false or fraudulent representations to said bank; alleges that the action brought by Pereira, referred to in the complaint, against plaintiff in this action was at the commencement of this action, and is now pending in the supreme court, and that in said action this plaintiff…