St. Paul & Duluth Railroad v. United States

Citations

• 112 U.S. 733
• 5 S. Ct. 366
• 28 L. Ed. 861
• 1885 U.S. LEXIS 1643

Syllabus

<p>A voluntary transfer of a claim against the United States by way of mortgage, completed and made absolute by judicial sale, is within the provision, in Rev. Stat. § 3477, that assignments of claims against the United States shall bo void, “unless they are freely made and executed, in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.”</p> <p>A transfer of a contract with the United States by way of mortgage, completed and made absolute by judicial sale, is within the prohibition of Rev. Stat. § 3737, that “no contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned.”</p> <p>The rulings of the court in Chicago & Northwestern Railway Co. r. United States, 104 U. S. 080, and Chicago, Milwaukee & St. Pa/ul Railway Co. v. United States, 104 U. S. 087, maintained.</p>