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A-94582 1 (1938-06-06)

handle is hein.gao/gaobacyae0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON V A*-94582 JUN -6 1938 Harrisod Boachy, Granteflie, Marland. Sir# There has been referred to this offoio from the hite House your letter of February 21, 1938, which will be oaasidered as a request frr review of settlemnt No. 0638198 dated Cotober 4, 1937, disallowing your lain for refnd of t100 donated by you to the United States in 1919. The amountp retund of which you request, represents the pro- gods of your chek dram Mrch 22, 1919, for 400, an the First State Bank, Grantsville, Maryland, to the order of the Ukited States Treasury. The Treasury Departenmt has reported that the proeeds of the sheok were deposited May 1, 1919, by Certificate of Deposit No. 6791, in your nme, on toomt of Donations to the United Stategs, and oovered into the Treasury by Miscellaneous Peewipt Warrant No. 66, May 31, 1919. In explanation of the transaction and of your present o1sts, you state that at the time of your discharge frm the Anny st Camp Meade, Maryland, which the records shaw took place January 3, 1919, you were paid 4109sO, and that you retained $9.40 for expenses inoident to your return hom ad returned the amomt of $100 to the Goverament, which you then thought you could eastly. do, but that you have since lost praotioally all your possessions. It is 0lear that when you drew the above-dsuribed hoeek and sent it to the United States Treasury, ij was with the intention of Iaskg a gift of the ameat of 100 to the United States. In such eiromastanoes, the delivery of the oheok to and its asooptanoe by the United states and payment by the First stato Bank of Grantsville, Maryland, constituted a ompletedand irrevocable gift, and you have no legal right to return of the amount of $100 at this time. Pickalay v. starr, 349 N.Y. 432, A4 NJ. 163, 32 J.WR.A. 703, Comors e Em TnTJ. Sq# 280, 134 At1. 681, 53 A.L.R. 1115. - Furthermore, the wmount of the cheek having beon deposited into the Treasury as a misoellaneous reeipt may not now be withdrawn in the absence of an appropriation by the Congress* p... .4 3 1.

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