delivered the opinion of the Court.
'This is a suit to reach and apply property in the hands of the Alien Prоperty Custodian or the Treasurer of the United States, seized as property of the Wiener BankVerein, as allowed by the amendment of The Trading with the Enemy Act of June 5, 1920, c. 241; 41 Stat. 977. The appellants were the plaintiffs. Before the late war they were depositors in thе Wiener Bank-Verein, and on April 6, 1917, had on deposit 2,063,799.03 kronen, *255 The w.ar intеrvened and after the cessation of hostilities the plaintiffs demanded the amount of said kronen on deposit as of April 6, 1917, at the аverage call rate of exchange for the month preceding the outbreak of war between the United States and Austria Hungary, viz., 11.18 Unitеd States cents for each Austrian krone. The General Civil Law of Austriа, § 1425, provided that — If a debt could not be paid because of dissatisfaction with the offer or other important reasons the debtоr might deposit in court the subject matter in dispute, and that if legally carried out and if the creditor was informed, this measure should discharge the debtor and place the subject matter delivered at the risk оf the creditor. The creditor not being satisfied with what the Bank was willing to do, the Bank, on April 1, 1920, deposited the amount stated to be due in the proper court, with interest at 2% per cent., and notified the plаintiffs. It relies upon the deposit as a defence, and the Circuit Court of Appeals held it to be one, 7 Fed. (2d) 443, overruling the decision of the District Court which allowed a recovery at the rate of exchange on August 12, 1919, on the ground that the plaintiffs showed that they wanted their money, although they made no adequate demand, on that day. 2 F. (2d) 629.
The decision of the Circuit Court of Appeals was right and in view of the rеcent case of
Deutsche Bank Filiale Nurnberg
v.
Humphrey, 272
U. S. 517, does not need extended reasoning. Hеre as there the debt was due and payable in the foreign cоuntry. The only primary obligation was that created by the law of Austria-Hungаry and if by reason of an attachment of property or otherwise the courts of the United States also gave a remedy the only thing that they could do with justice was to enforce the obligation as it stood, not to substitute something else that seemed to them about fair. The distinction between the
Deutsche Bank
case and
Hicks
v.
Guin
*256
ness,
The plаintiffs argue that they have rights under the Treaty of August 24, 1921, between the United Statеs and Austria. But the short answer is that, their rights against the Bank were ended before that treaty was made. They also urge that this is a suit under The Trading with the Enemy Act. But so was Deutsche Bank v. Humphrey. That Act did not turn the Austrian into an American debt and impose a new and different obligation upon the Austrian Bank.
Decree affirmed.