B-141402, MAR. 15, 1960

B-141402: Mar 15, 1960

Additional Materials:

Contact:

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

 

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

TO THE PORT OF NEW YORK AUTHORITY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27. STATING THAT YOU ARE A JUDGMENT CREDITOR OF POWER EQUIPMENT CORPORATION IN THE AMOUNT OF $10. THE RECORD DISCLOSES THAT YOU ARE ONE OF MANY CREDITORS OF POWER EQUIPMENT CORPORATION. THAT THE RIGHTS OF ALL CREDITORS OF THE CONTRACTOR WILL BE ESTABLISHED UNDER THAT ACTION. YOUR ATTENTION IS INVITED TO SECTION 236 REVISED STATUTES. WE ARE NOT AWARE OF ANY DIRECT LIABILITY ON THE PART OF THE MILITARY SEA TRANSPORTATION SERVICE TO SATISFY THE CLAIMS OF SUBCONTRACTORS FOR SERVICES RENDERED UNDER THE SUBJECT CONTRACT. NO SUCH REPRESENTATION IS MADE BY YOU. IN VIEW OF THE FOREGOING WE ARE WITHOUT LEGAL AUTHORITY TO COMPLY WITH YOUR REQUEST.

B-141402, MAR. 15, 1960

TO THE PORT OF NEW YORK AUTHORITY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 27, 1959, STATING THAT YOU ARE A JUDGMENT CREDITOR OF POWER EQUIPMENT CORPORATION IN THE AMOUNT OF $10,003.85, FOR BERTH AND MOORING FACILITIES, AND WATER FURNISHED TO THE CONTRACTOR IN CONNECTION WITH ITS PERFORMANCE OF CONTRACT NO. MST-3229, COVERING ALTERATION AND REPAIR OF THE TROOP TRANSPORT USS GENERAL G. M. RANDELL, OPERATED BY THE MILITARY SEA TRANSPORTATION SERVICE. IN VIEW THEREOF YOU REQUEST THAT A SUFFICIENT SUM OF MONEY TO LIQUIDATE SUCH INDEBTEDNESS BE WITHHELD FROM ANY ADDITIONAL AMOUNT WHICH MAY BE AWARDED TO THE CORPORATION IN THE SETTLEMENT OF ITS EXTRA WORK CLAIM NOW PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS.

THE RECORD DISCLOSES THAT YOU ARE ONE OF MANY CREDITORS OF POWER EQUIPMENT CORPORATION; THAT THE SAID CORPORATION APPEARS TO BE IN FINANCIAL DIFFICULTIES; THAT THE SURETY ON THE ABOVE-CITED CONTRACT HAS COMMENCED AN INTERPLEADER SUIT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK; AND, THAT THE RIGHTS OF ALL CREDITORS OF THE CONTRACTOR WILL BE ESTABLISHED UNDER THAT ACTION.

WITH RESPECT TO YOUR SPECIFIC REQUEST THAT WE UNDERTAKE TO WITHHOLD FROM ANY FUNDS OTHERWISE DUE THE CONTRACTOR FROM THE UNITED STATES, AN AMOUNT TO LIQUIDATE ITS INDEBTEDNESS TO YOU, YOUR ATTENTION IS INVITED TO SECTION 236 REVISED STATUTES, AS AMENDED, 42 STAT. 24, VESTING IN THIS OFFICE THE DUTY AND AUTHORITY TO ADJUST AND SETTLE ALL CLAIMS AND DEMANDS BY AND AGAINST THE UNITED STATES. HOWEVER, SUCH AUTHORITY DOES NOT EXTEND BEYOND MATTERS WHICH INVOLVE THE RIGHTS AND LIABILITIES OF THE GOVERNMENT. SEE TAGGART V. UNITED STATES, 17 C.CLS. 328, IN WHICH THE UNITED STATES COURT OF CLAIMS HELD THAT--- "IN THE ABSENCE OF STATUTE AUTHORITY, NEITHER THE ACCOUNTING OFFICERS OF THE TREASURY NOR ANY OTHER PUBLIC OFFICERS CAN MAKE THE UNITED STATES AGENTS OR TRUSTEES FOR THE COLLECTION OF PRIVATE DEBTS.' WE ARE NOT AWARE OF ANY DIRECT LIABILITY ON THE PART OF THE MILITARY SEA TRANSPORTATION SERVICE TO SATISFY THE CLAIMS OF SUBCONTRACTORS FOR SERVICES RENDERED UNDER THE SUBJECT CONTRACT, AND NO SUCH REPRESENTATION IS MADE BY YOU.

IN VIEW OF THE FOREGOING WE ARE WITHOUT LEGAL AUTHORITY TO COMPLY WITH YOUR REQUEST.

Sep 27, 2016

Sep 22, 2016

Sep 21, 2016

Sep 20, 2016

Looking for more? Browse all our products here