State National Bank v. United States

Citations

• 24 Ct. Cl. 488
• 1889 U.S. Ct. Cl. LEXIS 16
• 1800 WL 1740

Syllabus

<p>' On the Proofs.</p> <p>This case now comes to the court under a special act (23 Stat. L., p. 685) The facts are identical with those in the primary case between the same parties (10 C. Cls. R., 519; 96 TJ. S/R., 30), wherein the Supreme Court held that where a party presents gold certificates for redemption, and, the Government cashier fraudulently cancels and, applies them upon his own indebtedness and the party brings his action to recover the amount ' thereof, the Government must be deemed to have in its possession gold coin belonging to him. The right of the claimant to the certificates now in suit was then in litigation elsewhere, and therefore they were not included in the former suit.</p> <p>I. Where the owner of gold certificates presented them to the proper officer of the Government for redemption, and he canceled and fraudulently misapplied them to his own indebtedness to the Government, an action for the money will lie.</p> <p>II. Interest can not he recovered on gold certificates which are payable on ’ demand and do not in terms promise to pay interest, though they he not paid 'when properly presented.</p>