By the pleadings it appears that Bingham had authority from Sheriff Whitmore to receive the money from the plaintiff, and to give the receipt he did; that he paid the money over to said sheriff, on account of said execution, took his receipt for the benefit of the plaintiff,' and ever held it ready for him; which was all that the defendant could do. If the money has not been indorsed or applied to the' plaintiff’s benefit, Sheriff "Whitmore, and not the defendant, is liable.