B-141613, JAN. 12, 1960

B-141613: Jan 12, 1960

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WAS DISALLOWED BECAUSE OF YOUR FAILURE TO FILE CLAIM IN OUR OFFICE WITHIN THE REQUISITE 6-YEAR PERIOD AS PROVIDED BY THE LAW CODIFIED AT 31 U.S.C. 122. YOU WERE ALSO ADVISED THAT THE CHECK IN QUESTION HAD BEEN DESTROYED PURSUANT TO LAW AND THAT ADDITIONAL INFORMATION CONCERNING THE CHECK COULD NOT NOW BE FURNISHED. THIS DESTRUCTION OF THIS CHECK MAKES IT IMPOSSIBLE FOR OUR OFFICE TO FURTHER CONSIDER THE MATTER BECAUSE WE ARE UNABLE TO HAVE THE ENDORSEMENT THAT APPEARED ON THE CHECK EXAMINED FOR ITS AUTHENTICITY. IT MAY BE ADDED THAT THE MERE FACT THAT THE CHECK HAS BEEN DESTROYED PURSUANT TO LAW RAISES THE STRONG PRESUMPTION THAT THE CHECK WAS NEGOTIATED IN DUE COURSE BY YOU OR THAT YOU FAILED TO FILE CLAIM WITHIN THE REQUIRED PERIOD.

B-141613, JAN. 12, 1960

TO MRS. ANNA TERRACE:

ON DECEMBER 10, 1959, THE GENERAL ACCOUNTING OFFICE ADVISED YOU BY SETTLEMENT Z-2052408 THAT YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 3,490,013 DRAWN ON MARCH 31, 1944, WAS DISALLOWED BECAUSE OF YOUR FAILURE TO FILE CLAIM IN OUR OFFICE WITHIN THE REQUISITE 6-YEAR PERIOD AS PROVIDED BY THE LAW CODIFIED AT 31 U.S.C. 122. YOU WERE ALSO ADVISED THAT THE CHECK IN QUESTION HAD BEEN DESTROYED PURSUANT TO LAW AND THAT ADDITIONAL INFORMATION CONCERNING THE CHECK COULD NOT NOW BE FURNISHED. ON DECEMBER 14, 1959, YOU WROTE TO OUR OFFICE STATING IN EFFECT THAT YOU HAD FILED CLAIM WITHIN THE REQUIRED 6-YEAR PERIOD.

WHILE THE FACTS OF RECORD INDICATE THAT IN 1945 YOU CORRESPONDED WITH OUR OFFICE REGARDING TREASURY CHECK NO. 3,772,379, DRAWN MAY 1, 1944, IT DOES NOT APPEAR THAT WE RECEIVED ANY CORRESPONDENCE FROM YOU REGARDING TREASURY CHECK NO. 3,490,013 UNTIL OCTOBER 15, 1959. MOREOVER, AS PREVIOUSLY ADVISED, TREASURY CHECK NO. 3,490,013 HAS BEEN DESTROYED PURSUANT TO LAW.

ASSUMING THAT YOU FILED CLAIM WITHIN THE REQUISITE PERIOD, THIS DESTRUCTION OF THIS CHECK MAKES IT IMPOSSIBLE FOR OUR OFFICE TO FURTHER CONSIDER THE MATTER BECAUSE WE ARE UNABLE TO HAVE THE ENDORSEMENT THAT APPEARED ON THE CHECK EXAMINED FOR ITS AUTHENTICITY. IT MAY BE ADDED THAT THE MERE FACT THAT THE CHECK HAS BEEN DESTROYED PURSUANT TO LAW RAISES THE STRONG PRESUMPTION THAT THE CHECK WAS NEGOTIATED IN DUE COURSE BY YOU OR THAT YOU FAILED TO FILE CLAIM WITHIN THE REQUIRED PERIOD.