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94 C. Cls. Reporter's Statement of the Case mately 83 percent pure gold, 14 percent silver, and 3 percent foreign matter. Completely refined gold bars are .999 fine. Each of the gold bars obtained, melted, and cast by plaintiff was shipped by it by express to Seattle, Washington, and each was addressed to the Seattle Assay Office of the United States Mint and was received by the Assay Office immediately upon its arrival in Seattle. These bars were delivered to that office under the provisions of Title 31, U. S. Code, sections 327, 358, 359, and 360, and in each case the gold was accompanied by a letter from plaintiff stating that plaintiff was on that date shipping to the Assay Office by express certain designated “Alaska Juneau” bars of specified weight and estimated value. In each instance the estimated value indicated by plaintiff was calculated on the basis of $20.67 plus per fine ounce of gold.
After receipt of the bars by the Assay Office, the United States paid therefor at the rate of $20.67 plus per fine ounce for the gold content, first deducting proper mint charges. Such payment was made in each case to First National Bank of Seattle, a successor by merger of Seattle National Bank, and such payment was made pursuant to plaintiff's instructions contained in a letter of April 3, 1928, to the United States Assay Office at Seattle, as follows:
Until otherwise instructed please make payment for our gold bullion deposits to Seattle National Bank, Seattle, Wash., to be transmitted by them to the Crocker
First National Bank of San Francisco, for our account. 3. Settlement for the bars in each case was made in two payments; the first, designated as "advance" payment, amounting to slightly less than 90% of the estimated value thereof, was made by the Assay Office upon receipt of the gold. The second, designated as "final” payment, amounting to the difference between the value of the gold and the advance payment, was made by the Assay Office upon determination of the actual gold content of the bars for which payment was being made. Each first payment was accompanied by a letter from the Mint addressed to the First National Bank of Seattle advising the bank that a check was enclosed for telegraphic transfer to the Crocker First
Reporter's Statement of the Case National Bank of San Francisco for the account of plaintiff and that such check was an "advance payment” on plaintiff's “gold bullion” deposit therein described. The bank was requested to acknowledge receipt on an enclosed carbon and, in each instance, the bank acknowledged receipt of the check “as above stated” on the appropriate carbon copy of the letter from the Mint; accompanying final payment on each deposit was a letter addressed to the First National Bank of Seattle advising, in each instance, that a check was enclosed for telegraphic transfer to the Crocker First National Bank of San Francisco for the account of plaintiff and that such check was "final payment” on plaintiff's "gold bullion” deposit therein described. The bank was requested by the Mint to acknowledge receipt on the enclosed carbon of the letter and, in each instance, the bank acknowledged receipt on the enclosed carbon of the letter and, in each instance, the bank acknowledged receipt of the check in "final payment" as "above stated" on the appropriate carbon copy of the letter. At the time payment for such bars was made, no objection or protest was made by or on behalf of plaintiff; and the plaintiff received exact copies of all letters, within a few days of their date, transmitted by the United States Mint to the First National Bank of Seattle, Washington, in connection with payment for such bars.
4. The following table sets forth in column 1 the numbers of the respective gold bars; column 2, the fineness of each of such bars as determined by the Seattle Assay Office; column 3, the gold content of the respective bars in fine ounces; column 4, the period during which plaintiff mined and extracted the ore from which the metallic content of the respective bars was obtained; column 5, the date on which the respective bars were melted and cast by plaintiff; column 6, the date on which the respective bars were shipped from Alaska; column 7, the date on which the bars arrived at Seattle and the date on which they were received for deposit by the United States at the Seattle Assay Office; column 8, the combined estimated value of gold and silver content of each shipment as represented to the Seattle Assay Office by plaintiff at the time of shipment; column 9, the amount paid for each shipment to plaintiff by the United
94 C. Cls.
Reporter's Statement of the Case
States, payment being at the rate of $20.67 plus per fine ounce of gold, less mint charges (the figure mentioned not including the amount paid for the silver content of the bars).
5. From gold ore mined and extracted from the natural deposits on its own properties in Alaska from May 21, 1933, to and including June 10, 1933, plaintiff, pursuant to its regular and uniform practice, obtained, melted, and cast certain bars of gold, each bar being consecutively num
Reporter's Statement of the Case bered from 1190 to 1194, inclusive. Such bars assayed approximately 83 percent pure gold, 14 percent pure silver, and 3 percent foreign matter.
Pursuant to plaintiff's regular and uniform practice, each of such bars was shipped on the first available vessel outbound from Juneau after the date on which the bar was melted and cast. Contrary to its former regular and uniform practice such bars were not consigned to a United States Mint or Assay Office but, instead, were consigned to plaintiff at its San Francisco, California, office. And, contrary to the former regular and uniform practice, the San Francisco Office did not deliver the gold bars immediately to the United States Mint at San Francisco, California, but, instead, plaintiff held such bars in the San Francisco Office or in plaintiff's safe-deposit box in the Crocker First National Bank of San Francisco until such time as they were tendered to the San Francisco Mint. Such bars were so held on an average of six weeks in this manner, although plaintiff had no need of such bars in its business.
Delivery of each of the bars numbered 1190–1194, inclusive, was made at different times. In each instance an officer of plaintiff removed the bar in question from plaintiff's safe-deposit box and delivered it to the vault custodian of the Crocker First National Bank with instructions that the bar be delivered to the Mint, and such custodian was furnished with a letter to be presented to the Mint. Each gold bar and letter respectively was delivered to the Mint by one of the bank's representatives who was instructed to obtain a receipt for the gold from the Mint and, in each instance, the Mint gave such representative a receipt for the gold bar. The first such receipt, covering bar numbered 1190, was issued in the name of the Crocker First National Bank; the other four receipts, covering bars numbered 1191– 1194, inclusive, were issued in the name of plaintiff. When payment for each bar was ready to be made, in each instance, except that relating to bar numbered 1190, plaintiff endorsed the receipt of the United States Mint in order that the Mint would release the check in payment for the bar to the bank or its representative. In every instance the receipt was endorsed by the Crocker First National Bank 94 C. Cls. Reporter's Statement of the Case and tendered to the Mint by the bank through its representative, and payment was demanded. The bank's representative did not inform the Mint that payment was demanded on behalf of or for the account of plaintiff, and such representative had not been instructed so to inform the Mint. In each instance payment was made by the Mint at the rate of $20.67 plus per fine ounce for the gold content of the bar, first deducting mint charges, and this payment was intended by the Mint to be in full for each bar of gold. In each such instance the representative of the Crocker First National Bank signed the Mint's "Register of Certificates, and Receipts for the Payment of Bullion Deposits” on the appropriate line under a column bearing the following heading: "Received the sums set opposite our respective names in full payment for Bullion Deposits numbered as per margin.” In each instance the check was drawn payable to the order of the bank and was placed by the bank to the credit of plaintiff. The U. S. Mint made no representation to plaintiff or to the Crocker First National Bank that the payment made in each instance was on account as distinguished from payment in full. At the time of delivery to the Mint of gold bars 1190–1194, inclusive, plaintiff wrote the Director of the Mint separate letters with reference to each bar on July 20, July 27, and on August 4, 11, and 27, 1933, respectively—the first letter of July 20 being as follows:
The Alaska Juneau Gold Mining Company herewith makes delivery to you of Gold Bullion Bar No. 1190 weighing 1477.62 Troy ozs. 836 fine gold and .137 fine silver. You require that the company issue you instructions with reference to such bullion shipment. Comply. ing with such requirement, we make the following statement :
All the gold contained in this bullion shipment was mined on the patented ground of the Alaska Juneau Gold Mining Company in the vicinity of Juneau, Alaska, subsequent to the issuance of the President's executive order of April 20, 1933. It was therefore no part of the gold furnishing the basis for monetary circulation in the United States at that time. The present value in the world market of the bullion which was delivered to you is approximately $29.27 per ounce. Were it not for the hardship which would have been