B-130731, FEB. 25, 1957

B-130731: Feb 25, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 20. 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. THE RECORDS OF OUR OFFICE INDICATE THAT THE CHECKS INVOLVED WERE IN FACT NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED AS AUTHORIZED BY LAW. ARE UNABLE. WAS AUTHORIZED EFFECTIVE WITH THE MONTH OF DECEMBER 1946. WHEN THE ALLOTMENT WAS TERMINATED. THE DEPARTMENT'S RECORDS FURTHER SHOW THAT THE ADDRESS FURNISHED FOR YOUR MOTHER WAS 9 BECKLEY COURT. THE ALLOTMENT CHECKS WERE ADDRESSED TO 75 SOUTH MAIN STREET. THERE IS NO INFORMATION AVAILABLE HERE AS TO WHO INITIATED THE CHANGE OF ADDRESS BUT IT MAY BE THAT THE U.S.

B-130731, FEB. 25, 1957

TO MR. JOHN C. COFFRIN, JR.:

A LETTER DATED JANUARY 23, 1957, WRITTEN ON YOUR BEHALF BY GELSIE J. MONTI, ATTORNEY AT LAW, REQUESTS REVIEW OF THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR THE PROCEEDS OF NINE NAVY ALLOTMENT CHECKS DRAWN TO THE ORDER OF YOUR MOTHER, MABEL O. COFFRIN, DURING THE PERIOD FROM DECEMBER 1946 TO AUGUST 1947.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 20, 1956, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH 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.'

THE RECORDS OF OUR OFFICE INDICATE THAT THE CHECKS INVOLVED WERE IN FACT NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED AS AUTHORIZED BY LAW. ARE UNABLE, THEREFORE, TO SEND YOU PHOTOSTATIC COPIES OF THE CHECKS TO ENABLE YOU TO EXAMINE THE ENDORSEMENTS THEREON. THE DEPARTMENT OF THE NAVY REPORTED, HOWEVER, THAT AN ALLOTMENT IN THE AMOUNT OF $60 PER MONTH PAYABLE TO YOUR MOTHER, MABEL O. COFFRIN, WAS AUTHORIZED EFFECTIVE WITH THE MONTH OF DECEMBER 1946, THROUGH AUGUST 1947, WHEN THE ALLOTMENT WAS TERMINATED. THE DEPARTMENT'S RECORDS FURTHER SHOW THAT THE ADDRESS FURNISHED FOR YOUR MOTHER WAS 9 BECKLEY COURT, BARRE, VERMONT; THAT PURSUANT TO A CHANGE OF ADDRESS POSTMARKED JUNE 17, 1947, THE ALLOTMENT CHECKS WERE ADDRESSED TO 75 SOUTH MAIN STREET, RUTLAND, VERMONT, THROUGH AUGUST 1947. THERE IS NO INFORMATION AVAILABLE HERE AS TO WHO INITIATED THE CHANGE OF ADDRESS BUT IT MAY BE THAT THE U.S. NAVY FINANCE CENTER, CLEVELAND 14, OHIO, WOULD BE ABLE TO FURNISH SUCH INFORMATION TO YOU, UPON YOUR REQUEST.

YOUR CLAIM WAS FORWARDED HERE BY THE DEPARTMENT OF THE NAVY BY LETTER DATED APRIL 19, 1956, AND WAS RECEIVED APRIL 23, 1956. THIS IS THE EARLIEST DATE ANY CLAIM RELATIVE TO THE MATTER WAS ,PRESENTED TO THE GENERAL ACCOUNTING OFFICE.' SINCE BY APRIL 23, 1956, MORE THAN SIX YEARS HAS EXPIRED FROM THE DATE OF ISSUANCE OF THE CHECKS, WE REGRET THAT YOUR CLAIM FOR THE PROCEEDS THEREOF IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE REGARDLESS OF WHETHER THE CHECKS WERE FORGED OR BORE YOUR MOTHER'S GENUINE ENDORSEMENT.

SINCE IT APPEARS THAT YOU DID APPLY FOR THE ALLOTMENT, IT IS PERTINENT TO POINT OUT THAT IF YOUR MOTHER DID NOT RECEIVE THE CHECKS, THE FAILURE TIMELY TO FILE A CLAIM OF NONRECEIPT OF THE CHECKS NOW HAS PLACED THE GOVERNMENT IN A POSITION IN WHICH IT CANNOT IN ANY EVENT HAVE RECOURSE AGAINST THE ENDORSERS OF THE CHECKS. SEE 31U.S.C. 129, PROHIBITING ANY ATTEMPT BY THE UNITED STATES TO ENFORCE LIABILITY OF AN ENDORSER ON A GOVERNMENT CHECK, UNLESS ACTION TO ENFORCE THE SAME OR NOTICE OF LIABILITY IS GIVEN THE ENDORSER WITHIN SIX YEARS OF PRESENTATION TO THE TREASURY OF THE UNITED STATES FOR PAYMENT. CF. UNITED STATES V. UNION PLANTERS NATIONAL BANK AND TRUST COMPANY, ET AL., 175 F.2D 684.

ACCORDINGLY, UNDER THE FACTS AND LAW APPLICABLE IN YOUR CASE, OUR SETTLEMENT OF JUNE 20, 1956, IS CORRECT AND MUST BE SUSTAINED, AND WE ARE WITHOUT AUTHORITY FURTHER TO CONSIDER YOUR CLAIM.