About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-206799 1 (1983-04-21)

handle is hein.gao/gaobadlan0001 and id is 1 raw text is: THE COMPTROLLER GENERAL05'q30' DECISION OF THE UNITUO STATE WA8HINGTON. 0.C. 20548 UfNITw. FILE: B-206799 DATE: April 21, 1983 MATTER OF: Joseph Slemp DIGEST: 1. Where the Government has received notice of a valid assignment, but thereafter erroneously pays the assignor, it remains liable to the assignee for the erroneous payment. 2. Although a third party guarantor repaid the assignee financing hank the sum outstanding on a loan made by the hank to a Government con- tractor, the Government remains obligated to pay the assignee bank since the Government is a stranger to transactions between the assignee and the third party. 3. Third party guarantor becomes subrogated to the financing bank's rights under the latter's assignment of a Government contractor's right to contract payments where the guarantor paid the contractor's debt to the financing bank pursuant to obligation as guarantor of the loan. Accordingly, the guarantor stands in the place of the original financing bank and obtains the right to be paid by the Government in the amount which the guarantor paid to the bank. 4. Because of apparent validity of both assignee's claim and subrogee's claim, GAO recommends that both parties he requested to direct the Government as to form in which payment should be issued, with appropriate wavier of possible claims sufficient to provide the Government with an acquittance which shall be binding on both. Joseph Slemp claims payment of $12,000 which repre- sents money paid to Tri-Tech Corporation (Tri-Tech) by the National Institutes of Health (NIH) under contract No. 263- 77-C-0690. Mr. Slemp asserts that the money was improperly paid to the assignor (Tri-Tech) after an assignment of contract proceeds had been made to the Guaranty Bank and 62.6?5f-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most