Stewart

This is a suit brought in the name of the United States by the United States Attorney for the District of Nevada to recover $978.-50, alleged to have been paid to appellee through mistake of a postal employee. The suit was instituted more than three years after the money passed from the possession of the Post Office department. After a trial upon the merits the District Court dismissed the case for lack of jurisdiction.

In January, 1933, Mrs. Ida M. Doan went to the post office at Tonopah, Nevada, where she resided, and made inquiry concerning the opening of a postal savings account. *493 She told Mrs. Grace F. Malone, with whom she was well acquainted and who was, and had been lor more than eight years, assistant postmaster there, that she wanted to fix her deposits so that they would go to a certain person in case of her death. The assistant postmaster told Mrs. Doan that this could be done and that they had forms for that purpose which had been used for twenty years. She presented Mrs, Doan with one of these forms, and helped her fill it out and assured Mrs. Doan that her object would be accomplished by signing the form as indicated.

Mrs. Doan and Oline C. Stewart, appel-lee…