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ST. PAUL & DULUTH R. CO. V. UNITED STATES, 112 U. S. 733 (1885)

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U.S. Supreme Court

St. Paul & Duluth R. Co. v. United States, 112 U.S. 733 (1885)

St. Paul and Duluth Railroad Company v. United States

Submitted December 8, 1884

Decided January 5, 1885

112 U.S. 733


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 be 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."

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

Page 112 U. S. 734

party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned."

The rulings of the court in Chicago & Northwestern Railway Co. v. United States, 104 U. S. 680, and Chicago, Milwaukee & St. Paul Railway Co. v. United States, 104 U. S. 687, maintained.

This case came up on appeal from the Court of Claims.

The facts which make the case are stated in the opinion of the Court.

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