B-145188, APR. 10, 1961

B-145188: Apr 10, 1961

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WHICH WAS FIRST PRESENTED TO THE GENERAL ACCOUNTING OFFICE ON DECEMBER 3. WAS BARRED BY SECTION 2 OF THE ACT OF JUNE 22. ALTHOUGH THE STATUTE WAS AMENDED BY THE ACT OF AUGUST 28. PERMITS CONSIDERATION OF CLAIMS ON GOVERNMENT CHECKS WHERE SUCH CLAIMS HAVE BEEN PRESENTED EITHER HERE OR TO THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECKS. SINCE THE CHECK IN QUESTION WAS ISSUED ON APRIL 30. NOT ONLY BECAUSE EVERYONE IS PRESUMED TO KNOW THE LAW. IS AGAIN SUSTAINED AND FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.

B-145188, APR. 10, 1961

TO MRS. MARIA B. DE BELARMINO:

YOUR LETTER OF NOVEMBER 7, 1960, REQUESTS FURTHER CONSIDERATION OF OUR SETTLEMENT OF JANUARY 13, 1960, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 79,237,879, FOR $1,916.83, DATED APRIL 30, 1949, AND DRAWN TO YOUR ORDER.

OUR LETTER OF APRIL 8, 1960, TO YOU, SUSTAINED THE DISALLOWANCE FOR THE REASON THAT YOUR CLAIM, WHICH WAS FIRST PRESENTED TO THE GENERAL ACCOUNTING OFFICE ON DECEMBER 3, 1959, WAS BARRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761.

ALTHOUGH THE STATUTE WAS AMENDED BY THE ACT OF AUGUST 28, 1957, 71 STAT. 464, 31 U.S.C. 122, WHICH, IN EFFECT, PERMITS CONSIDERATION OF CLAIMS ON GOVERNMENT CHECKS WHERE SUCH CLAIMS HAVE BEEN PRESENTED EITHER HERE OR TO THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECKS, THE TIME LIMIT FOR FILING YOUR CLAIM HAD ALREADY EXPIRED UNDER THE SIX-YEAR LIMITATION OF THE 1926 ACT. IN OTHER WORDS, SINCE THE CHECK IN QUESTION WAS ISSUED ON APRIL 30, 1949, AND, SINCE THE RECORD INDICATES THAT THE CHECK HAD BEEN NEGOTIATED IN DUE COURSE, THE TIME FOR FILING A CLAIM HAD EXPIRED ON APRIL 30, 1955, UNDER THE LAW THEN IN EFFECT.

YOUR LACK OF KNOWLEDGE OF THE STATUTORY PROVISIONS INVOLVED DOES NOT PERFECT YOUR CLAIM, NOT ONLY BECAUSE EVERYONE IS PRESUMED TO KNOW THE LAW, BUT ALSO BECAUSE AS A RESULT OF YOUR FAILURE TO PROPERLY PRESENT YOUR CLAIM THE GOVERNMENT'S RIGHT TO PROCEED AGAINST THE INDORSERS HAS BEEN NULLIFIED, SINCE THE RECORD INDICATES THAT THE CHECK HAS BEEN DESTROYED PURSUANT TO THE AUTHORITY GRANTED UNDER THE PROVISIONS OF THE ACT OF JULY 7, 1943, 57 STAT. 380. HENCE, EVEN IF IT COULD BE ESTABLISHED THAT YOU DID NOT RECEIVE AND INDORSE THE CHECK, THE PROPRIETY OF ITS NEGOTIATION CAN NO LONGER BE ATTACKED. SEE 31 U.S.C. 129.)

IN VIEW OF THE ABOVE, OUR SETTLEMENT OF JANUARY 13, 1960, IS AGAIN SUSTAINED AND FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.