Joseph McKenna

“ No officer of the United States can charge the government with liability for moneys in his hands not public moneys by depositing them to his own credit in a bank designated as a depositary. In this case the money deposited belonged for the time being to the court, and was held as a trust fund pending the litigation. The United States claimed it, but their claim was contested. So long as this contest remained undecided, the officers of the Treasury could not control the fund. Although deposited with a bank that was a designated depositary, it was not paid into the Treasury. ”

“ The circuit court rendered judgment for the plaintiff for the amount claimed, with interest from September 28, 1882. The circuit court of appeals reversed the judgment (38 U.S. App. 515, 73 Fed. Rep. 505, 19 C. C. A. 543) , and the case was brought here. ”

“ Pending the appeal to the supreme court the bank failed, and a receiver was duly appointed of its assets. In liquidating its affairs the receiver paid Madrazo during his lifetime, and to his representatives after his death, dividends amounting in all to $8,183.87, the first payment May 1, 1871, the last on September 28, 1882. ”