B-124388, JUL. 19, 1955

B-124388: Jul 19, 1955

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ATTORNEY AND COUNSELOR AT LAW: REFERENCE IS MADE TO YOUR LETTER OF MAY 27. THE CHECK WAS MAILED TO MISS DAVIS. WHICH THE RECORD SHOWS WAS THEN HER ADDRESS. AN EXAMINATION OF THE CHECK DISCLOSED IT WAS ENDORSED IN MISS DAVIS' NAME AND NEGOTIATED AT THE MIAMI DEPOSIT BANK IN YELLOW SPRINGS ON OR ABOUT FEBRUARY 25. WAS PAID IN DUE COURSE. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 15. BECAUSE IT WAS NOT RECEIVED HERE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK AND. WAS BARRED UNDER SECTION 2 OF THE ACT OF JUNE 22. SUCH ACTION WAS SUSTAINED BY OFFICE LETTER OF MAY 25. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK.

B-124388, JUL. 19, 1955

TO MR. WILLIAM R. ELLIS, ATTORNEY AND COUNSELOR AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF MAY 27, 1955, WRITTEN ON BEHALF OF MISS SARAH E. DAVIS, RELATIVE TO HER CLAIM FOR THE PROCEEDS OF CHECK NO. 42,320,197, DATED FEBRUARY 14, 1947, FOR $302.58 DRAWN TO HER ORDER BY E. J. BRENNAN, SYMBOL 200.

THE CHECK WAS MAILED TO MISS DAVIS, 337 STAFFORD STREET, YELLOW SPRINGS, OHIO, WHICH THE RECORD SHOWS WAS THEN HER ADDRESS. HOWEVER, IN HER CLAIM RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON NOVEMBER 3, 1954, SHE ALLEGED NONRECEIPT OF IT.

AN EXAMINATION OF THE CHECK DISCLOSED IT WAS ENDORSED IN MISS DAVIS' NAME AND NEGOTIATED AT THE MIAMI DEPOSIT BANK IN YELLOW SPRINGS ON OR ABOUT FEBRUARY 25, 1947, AND WAS PAID IN DUE COURSE. ACCORDINGLY, THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 15, 1955, BECAUSE IT WAS NOT RECEIVED HERE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK AND, THEREFORE, WAS BARRED UNDER SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122. SUCH ACTION WAS SUSTAINED BY OFFICE LETTER OF MAY 25, 1955, TO MISS DAVIS. YOU NOW REQUEST FURTHER CONSIDERATION OF THE MATTER.

SECTION 2 OF THE CITED ACT OF JUNE 22, 1926, PROVIDES THAT---

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

SINCE THE CLAIM WAS NOT RECEIVED IN THIS OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK, IT IS BARRED UNDER THE PROVISIONS OF THAT ACT.

AS REQUESTED BY YOU, THERE IS ENCLOSED A PHOTOSTATIC COPY OF THE CHECK. ALTHOUGH THE CLAIM IS BARRED WHETHER OR NOT THE ENDORSEMENT IN MISS DAVIS' NAME IS GENUINE, THE ENDORSEMENT BEARS A STRONG SIMILARITY TO HER SIGNATURE APPEARING ON OTHER PAPERS IN THE FILE AND IT MAY BE THAT AN EXAMINATION BY HER OF THE ENDORSEMENT WILL RECALL RECEIPT AND NEGOTIATION OF THE CHECK.

FOR THE REASONS STATED, THE DISALLOWANCE OF HER CLAIM IS AGAIN SUSTAINED.