The New York herald., 1870-02-05


Above entitled case substantially as follows:--
% 'ss ea sders a' 's e ya Ryh1 xhpa ly m a'g
ssss TO be due to him from the defendant the balance Il
hs hands q the defendant Of moneys deposi,sa the plain
irafs To- on demand. Al the time Of the deposit o.
an a. a sssn IN a the sa States a' Ary
md The defendant & IT, was % Assistant Treasurer Of me
Cd moneys of the United States entrusted plaintiff
snt o. claims against the United states On the merits the
sss & ha G be gsd on ,se & s % drafts
5T claims that such drafts checks them
q ham ss r s anu o 20 ~ ss G
merits however defendant claims that be
The dh sssssa y the aes August 1913 o. stat
s ibs city q New York. The sixth secsn provides
s ps al any s placed in sSf an
And custody I'll tie is ordered by proper department
snd when such orders for rensler or payment
a. anS IF r s as nao &c o e
en which may be Imposed ~ that or any other oct q
sds sSaf$1s,y The term section 1rasdsa thsi
,be Treasury of the United staes ana also to transfer
sD9 j. s As od 81 x 81 s as % As
ascretion, and the safety OF the public moneys and
ss se. S e1S
Lars e n ss ss Of Of Aag srn s BY prS9ysdns
saviag any money Of The United States entrusted to HIM FOR
hs sa & @ s s
public epostariss and draw the only
II Instructions, except when payspts are 10
naGe twenty dollars; and that for failure to
sae Keep ~ g x % c densss ea,;rs Ssr @ ts
UneS States assistant treasurefs FSi public depostares
gully VI the crime OF embssziement of said
ssa6 @ a at named at e SECRETARY Of the treasury
Roas Ro ,s' -''n 0'"''' i'' '''"'' WV ' '' '''' :
Judge Biatchford then proceeded to recount the
provisions OF these instructions and the provisions
of SPECIAL acts passed. specifying What shall be
the duties OF depostaries OF pubic moneys and the
uurfes OF disburslng agents OF such moneys, and
conciudes:-
1t quite apparent these provisions OF law and
these regulations made by tho Treasury Department that
money! HE United which placed In the hands
OF the paiuaH disbursement by him disbursng Off
Of The United states the less public be-
TO the hands OF the plaintiff and after they
defendant NJ Assistant feaser Of the United states than
Before hands of the plaintiff
The moneys the property of the plaintiff.
lie Is bound indeed. to account for them to hig
Compliance with the law the regulations, de.
posted them with designated depostary ana that he
he does account for them To action brought against him
BY the United states for such moneys 1t is complete de-
gested az the trial. the plaintiff has paid second time into
the Treasury OF the United states the moneys which he
deposited with She defendant that circumstance aione can6.
create IN favor Of the anh against the defendant right
pf action wnich did not otherwise exist The
not voluntarily deposited by the plaintiff voluntarily
seved by the defendant There nothing In the nature
OF contract agreement between the parties which could
nc broken so as TO lay foundation for action
pL for breach OF duty by the defendant paying
genuine drafts by the pan for moneys tho do
yenusni responsible only 10 the
parties the United Sates The Obligation OF the defendan
Was created by law and was an opIgn
yon 70 the Unied States not 10 the painr ana n,
iavor, with coats. "' - " eA'SA~u - Ai'