The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 91
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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CHATHAM & PHENIX NA'T. BANK V. GUARANTY TRUST CO. 91
versed, upon the ground that the court had no jurisdiction to make it;
the Kingdom of Roumania being a sovereign state, immune from suits
in the courts of this country. 250 Fed. 341, - C. C. A. - , Ann.
Cas. 1918E, 524.
Thereafter the District Court, upon motion of the trust company,
entered an order that the clerk pay to it the money so deposited, less
his statutory fee of 1 per cent., and that the Chatham & Phenix Na-
tional Bank pay to it interest at the rate of 2 per cent. per annum
on the said fund to date of payment. This is a writ of error taken by
the bank to the said order.
[1, 2] We do not think that the bank's motion to vacate amounts to
a general appearance by it, submitting it to the jurisdiction of the court.
Wood v. Furtick, 17 Misc. Rep. 561, 40 N. Y. Supp. 687; Regelmann
v. South Shore Co., 67 Misc. Rep. 590, 123 N. Y. Supp. 353. The
bank was not a party to the action, had made no contract with the trust
company, and if it owed interest on the deposit it owed it to its de-
positor, the clerk of the court, who alone had standing to collect
the same. The objection that the court was without jurisdiction to
make the order is good.
Section 995, Rev. Stat. U. S. (Comp. St. 1644), provides:
"All moneys paid into any court of the United States, or received by the
officers thereof, in any cause pending or adjudicated in such court, shall be
forthwith deposited with the Treasurer, an Assistant Treasurer, or a desig-
nated depositary of the United States, in the name and to the credit of such
court: Provided, that nothing herein shall be construed to prevent the de-
livery of any such money upon security, according to agreement of parties,
under the direction of the court."
Section 996, Rev. Stat.'U. S. (Comp. St. 1645), provides:
"No money deposited as aforesaid shall be withdrawn except by order of
the judge or judges of said court, respectively, in term or in vacation, to be
signed by such judge or judges, and to be entered and certified of record by
the clerk; and every such order shall state the cause in or on account of
which it is drawn."
[3] Moneys in court deposited in a designated depositary of the
United States are not public moneys of the United States. Branch
v. United States, 100 U. S. 673, 25 L. Ed. 659; Coudert v. United
States, 175 U. S. 178, 20 Sup. Ct. 56, 44 L. Ed. 122: United States v.
MacMillan (D. C.) 209 Fed. 266, affirmed 251 Fed. 55, - C. C. A. - .
[4] Section 5153, Rev. Stat. U. S., provides:
"All national banking associations, designated for that purpose by the Secre-
tary of the Treasur3 halll be depo.itaries of public money, except receipts
from custom', under suc h regulations aq may be prescribed by the Secretary;
and they may also be employed as imiancial agents of the government; and
they shall perform all such reasonable duties, as depositaries of public moneys
and financial agents of the government, as may be required of them. The Sec-
retary of the Treasury shall require the associations thus designated to give
satisfactory security, by the deposit of United States bonds and otherwise, for
the safe-keeping and prompt payment of the public money deposited with them,
and for the faithful performance of their duties as financial agents of the
government. And every association so designated as receiver or depositary
of the public money shall take and receive at par all of the national currency
bills, by whatever association issued, which have been paid into the govern-
ment for internal revenue, or for loans or stocks."
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/105/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.