—say,—'When the United States, by its authorized officer, become a party to negotiable paper, they have all the rights and incur all the responsibility of individuals who are parties to such instruments.

—the Supreme Court of the United States said,—'The rule is, that a want of consideration between drawer and acceptor is no defence against the right of a third party who has given a consideration for the bill, and this even though the acceptor has been defrauded by the drawee, if that be not known by the third party before he gives value for it

As between individuals, where money has been paid under a mistake of law, it cannot be recovered back, but it is denied that this rule is applicable to the United States, upon the ground that the government is not bound by the mistakes of its officers, whether of law or of fact.

The head of a Department has not a right to review the decision of his predecessor allowing a credit, except to correct some error of calculation; if he is of opinion that the allowance was wrongful he must have á suit brought

To correct for this violation, the United States may exercise its "[well]-established right to sue for money wrongfully or erroneously paid from the public treasury," a right arising separate and apart from statute, regulation, or contract.

"No statute is necessary to authorize the United States to sue in such a case. The right to sue is independent of statute,"

Decisions of heads of departments conclusive on successors.-The head of a department cannot, in a matter involving judgment and discretion, reverse the decision and action of his predecessor, even in a matter relating to the general officers and management of the department.

An American or a Chinese3 could sue in the Court of Claims for default on a United States bond, 28 USC § 1491 (4), or could counterclaim-to the extent of the Government's claim-in a suit by the United States in any court, 28 USC § 2406

An action will lie against a public officer only when the duty to be performed is wholly ministerial, and never in a case where judgment is to be exercised.

Bank of Georgia, io Wheat.(23 US) 333 (1825), and has applied it to negotiable instruments issued by the United States.