B-134122, OCT. 25, 1957

B-134122: Oct 25, 1957

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887 FOR $133.37 WAS DISALLOWED PURSUANT TO 44 STAT. 761. 31 U.S.C. 122 BECAUSE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK. 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. YOUR CLAIM WAS DISALLOWED BECAUSE THE CHECK WAS NEGOTIATED IN DUE COURSE AND THEREAFTER PAID BY THE TREASURER OF THE UNITED STATES AND YOUR CLAIM FOR ITS PROCEEDS WAS NOT RECEIVED IN OUR OFFICE UNTIL MORE THAN ELEVEN YEARS AFTER THE CHECK WAS DRAWN. FOR THIS REASON YOUR OFFER TO SETTLE THE CLAIM FOR HALF OF THE AMOUNT INVOLVED CANNOT BE ACCEPTED AND OUR PREVIOUS DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

B-134122, OCT. 25, 1957

TO MR. ELISHA FOSKEY:

THIS REFERS TO YOUR LETTERS OF OCTOBER 7 AND 10, 1957, RELATIVE TO GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 7, 1957, Z-1813657, WHEREIN YOUR CLAIM FOR THE PROCEEDS OF UNITED STATES TREASURY CHECK NO. 18,092,887 FOR $133.37 WAS DISALLOWED PURSUANT TO 44 STAT. 761, 31 U.S.C. 122 BECAUSE IT WAS NOT RECEIVED IN OUR OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK.

THE ABOVE-CITED ACT PROVIDES:

"ALL CLAIMS ON ACCOUNTS 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.'

AS POINTED OUT IN OUR LETTER OF JULY 22, 1957, TO YOU, YOUR CLAIM WAS DISALLOWED BECAUSE THE CHECK WAS NEGOTIATED IN DUE COURSE AND THEREAFTER PAID BY THE TREASURER OF THE UNITED STATES AND YOUR CLAIM FOR ITS PROCEEDS WAS NOT RECEIVED IN OUR OFFICE UNTIL MORE THAN ELEVEN YEARS AFTER THE CHECK WAS DRAWN.

THE ABOVE-QUOTED ACT LEAVES OUR OFFICE WITH NO DISCRETION IN THE MATTER. FOR THIS REASON YOUR OFFER TO SETTLE THE CLAIM FOR HALF OF THE AMOUNT INVOLVED CANNOT BE ACCEPTED AND OUR PREVIOUS DISALLOWANCE OF YOUR CLAIM IS SUSTAINED. FURTHER CORRESPONDENCE FROM YOU REGARDING THIS MATTER WILL SERVE NO USEFUL PURPOSE AND WILL BE FILED WITHOUT REPLY.