Legal Opinion

United States v. Sarah Elizabeth Duncan, of the Estate of Edna Smith

Court of Appeals for the Third Circuit

Decided March 5, 1976No. 75--1526PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

This action was instituted by the United States against Sarah Elizabeth Duncan, the Executrix of the Edna C. Smith Estate, to recover monies that had been paid to Edna C. Smith. Mrs. Smith had signed the name of her deceased mother on government checks that had been issued to the mother, negotiated the checks at a bank, and then appropriated the money to her own use.

The sole defense of the Executrix was the six-year statute of limitations set forth in 31 U.S.C. §§ 129 and 131.

I

The named payee of the checks in question was the widow of a Civil War…

2Cases cited7 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  3. Connell Construction Co. v. Plumbers & Steamfitters Local Union No. 100Supreme Court of the United States · 1975
  4. United States v. BishopSupreme Court of the United States · 1973
  5. Harrison v. Northern Trust Co.Supreme Court of the United States · 1943

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Martine v. Cipa (In Re Cipa)United States Bankruptcy Court, W.D. Pennsylvania · 1981
  2. Paskel v. HecklerCourt of Appeals for the Third Circuit · 1985
  3. Richard T. Brigham and Margaret H. Brigham v. United StatesCourt of Appeals for the Third Circuit · 1976
  4. Government of the Virgin Islands and Cyril E. King, Governor of the Virgin Islands v. Eleventh Legislature of the Virgin IslandsCourt of Appeals for the Third Circuit · 1976
  5. Paskel v. HecklerCourt of Appeals for the Third Circuit · 1985

1 more not listed; retrieve them via the Exa API.

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