A-62252, OCTOBER 30, 1935, 15 COMP. GEN. 355

A-62252: Oct 30, 1935

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ARE ISSUED TO A PAYEE. ONE OF WHICH IS CASHED AND THE OTHER LOST. 1935: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26. IN THE SUM OF $25.00 WAS MADE BY THIS OFFICE AS SHOWN BY VOUCHER 218 OF THE AUGUST ACCOUNTS OF THE UNDERSIGNED. 2. SAID PAYMENT WAS MADE ON ACCOUNT OF AN ERRONEOUS ENTRY ON VOUCHER 68. WAS CASHED BY HER AND THE OTHER 19012. WAS REPORTED TO HAVE BEEN LOST. IT IS REQUESTED THAT CORRECTION BE MADE ON SAID VOUCHER SO AS TO SHOW THAT PAYMENT OF ALLOTTEE ON LINE 17. WAS MADE BY CHECK 19012. WAS PAID BY CHECK NUMBER 18836. 4. IT IS FURTHER REQUESTED THAT. SAID REQUEST BEING BASED UPON THE ASSUMPTION THAT CHECK 19012 SHALL NOT HAVE BEEN NEGOTIATED IN THE MEANTIME. APPROPRIATE NOTATION WILL BE MADE ON THE PAY ROLL IN RESPECT OF THE TWO CHECKS IN QUESTION.

A-62252, OCTOBER 30, 1935, 15 COMP. GEN. 355

CHECKS - LOST - DISPOSITION OF PROCEEDS WHERE, BECAUSE OF AN ERRONEOUS VOUCHER ENTRY, TWO CHECKS, REPRESENTING DUPLICATE PAYMENT, ARE ISSUED TO A PAYEE, ONE OF WHICH IS CASHED AND THE OTHER LOST, THE PROCEEDS OF THE LOST CHECK MAY NOT LAWFULLY BE RECREDITED TO THE APPROPRIATION AGAINST WHICH DRAWN NOTWITHSTANDING STOP-PAYMENT ORDER HAS BEEN PLACED AGAINST THE CHECK.

COMPTROLLER GENERAL MCCARL TO LT. COL. F. M. HOLMES, UNITED STATES ARMY, OCTOBER 30, 1935:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 26, 1935, FMH:SRF, AS FOLLOWS:

1. REFERRING TO YOUR LETTER OF JULY 25, 1935, FILE A-62262, TO CAPT. C. B. LENOW, F.D., PAYMENT OF THE ALLOTMENT OF NORMAN ASHBURN, CC-393554, TO HIS MOTHER, MRS. K. B. ASHBURN, FOR THE MONTH OF MARCH 1935, IN THE SUM OF $25.00 WAS MADE BY THIS OFFICE AS SHOWN BY VOUCHER 218 OF THE AUGUST ACCOUNTS OF THE UNDERSIGNED.

2. SAID PAYMENT WAS MADE ON ACCOUNT OF AN ERRONEOUS ENTRY ON VOUCHER 68, LINE 17, PAGE 8, OF THE APRIL ACCOUNTS OF CAPT. LENOW, SHOWING MRS. EARNEST MARSICO AS THE ALLOTTEE OF NORMAN ASHBURN INSTEAD OF THE CORRECT ALLOTTEE, VIZ, MRS. K. B. ASHBURN.

3. AS MRS. MARSICO RECEIVED TWO ALLOTMENT CHECKS, NUMBER 18836 SHOWN ON PAGE 8 OF SAID VOUCHER 68 AND NUMBER 19012 SHOWN ON PAGE 54 THEREOF, ONE OF WHICH, NUMBER 18836, WAS CASHED BY HER AND THE OTHER 19012, WAS REPORTED TO HAVE BEEN LOST, IT IS REQUESTED THAT CORRECTION BE MADE ON SAID VOUCHER SO AS TO SHOW THAT PAYMENT OF ALLOTTEE ON LINE 17, PAGE 8, WAS MADE BY CHECK 19012, AND THAT ALLOTTEE ON LINE 21, PAGE 54, WAS PAID BY CHECK NUMBER 18836.

4. SINCE A STOPPAGE HAS BEEN PLACED AGAINST CHECK NUMBER 19012, IT IS FURTHER REQUESTED THAT, INSTEAD OF COVERING THE PROCEEDS THEREOF IN THE TREASURY TO THE CREDIT OF "OUTSTANDING IABILITIES" ON JULY 1, 1936, SUCH PROCEEDS BE DEPOSITED TO THE CREDIT OF "EMERGENCY CONSERVATION FUND, 1934- 35" (A8815-45) TO COVER THE ERRONEOUS PAYMENT ABOVE DESCRIBED, SAID REQUEST BEING BASED UPON THE ASSUMPTION THAT CHECK 19012 SHALL NOT HAVE BEEN NEGOTIATED IN THE MEANTIME.

APPROPRIATE NOTATION WILL BE MADE ON THE PAY ROLL IN RESPECT OF THE TWO CHECKS IN QUESTION, SHOWING PARTICULARLY THAT MRS. MARSICO RECEIVED AND CASHED CHECK NO. 18836, WHICH WAS INTENDED FOR MRS. K. B. ASHBURN, AND THAT A NEW CHECK WAS ISSUED IN PAYMENT OF THE ALLOTMENT PROPERLY DUE MRS. ASHBURN FOR THE MONTH OF MARCH 1935.

THE ACTION REQUESTED IN PARAGRAPH 4 OF YOUR LETTER, SUPRA, MAY NOT LAWFULLY BE TAKEN, 8 COMP. GEN. 477. THE FACT REMAINS THAT CHECK NO. 19012 WAS LOST AFTER DELIVERY TO PAYEE AND IS CARRIED AS AN OUTSTANDING AND UNPAID ITEM IN THE ACCOUNTS OF CAPTAIN LENOW. NOTWITHSTANDING THAT A STOP-PAYMENT ORDER HAS BEEN PLACED AGAINST SAID CHECK AND THAT MRS. MARSICO IS NOT NOW ENTITLED TO THE PROCEEDS THEREOF, THERE IS A POSSIBILITY THAT A VALID CLAIM MAY BE ASSERTED AGAINST THE GOVERNMENT IN RESPECT OF SUCH CHECK BY A BONA FIDE HOLDER THEREOF. ACCORDINGLY, IF SAID CHECK REMAINS UNPAID ON JULY 1, 1936, IT WILL BE NECESSARY UNDER THE PROVISIONS OF SECTION 21 OF THE ACT OF JUNE 26, 1934, 48 STAT. 1235, TO REPORT THE MATTER TO THE SECRETARY OF THE TREASURY FOR NECESSARY ACTION LOOKING TO THE COVERING OF THE PROCEEDS OF THE INVOLVED CHECK INTO THE ACCOUNT ,OUTSTANDING LIABILITIES, 1935.'