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title in them to the assignee, and authorized him to receive payment of their amount from the
District, and the payment of that amount in full by the District to the assignee is a discharge of so much of its debt to the claimant. The remaining certificates he has exchanged with the District for an equal amount of its negotiable securities, payable on time, with interest, and he has since sold those securities for their value in the market. The District is liable to the purchaser either upon those securities themselves or upon the other bonds since taken by him instead of some of them, and cannot be also held liable to the original creditor for the same amount or any part thereof.
209:; agreeing to punctually pay in cash the workmen employed by him with the Board of Public Works paying him the amount found to be due to him periodically according to the contract. Looney held to his part of the contract terms. After evaluating the work and the account statements during the progress and completion of the work, it was calculated Looney was due $ 27,364.75; but due to a mistake in the calculations of which neither party was aware, this amount was $ 500.00 too much, Looney received standard certificates by the Auditor of the Board of Public Works in different sums, some of which Looney assigned to others as payment to them.
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181:, 113 U.S. 258 (1885), was a U.S. Supreme Court case testing whether a government contractor could sue for outstanding payment when those debts had already been sold off to other parties. The court ruled a street contractor could not both sell the debts at a discount as a security and also sue District of Columbia for the difference in what they were owed.
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The nature and history of the auditor's certificates and of the so-called sewer certificates and other securities issued by the
District of Columbia as well as the legislation of Congress related to them, were fully stated in opinions delivered by the Court of Claims in other cases, so for this case
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But the facts found show that he has so dealt with these certificates as to prevent him from maintaining this suit. The amount of some of the certificates he has been paid by the
District in money. Others of the certificates he has sold and assigned for value, and thereby transferred the equitable
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A creditor who receives from his debtor a certificate in writing, not negotiable, of the amount of his debt, and sells the certificate to a third person for value less than its nominal amount, thereby authorizes the purchaser to receive the amount from the debtor, and cannot, after the debtor has
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it was sufficient to observe that the sewer certificates and other interest-bearing securities of the district were negotiable instruments, and that the auditor's certificates were not negotiable, but were merely evidence of the debt of the district to the claimant under its contract with him.
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The conversation was found to have taken place between the treasurer of the
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If he had kept the auditor's certificates, he could have used them as evidence to recover the full amount of the debt from the district.
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