UNITED STATES V. SHAW, 309 U. S. 495 (1940)

Subscribe to Cases that cite 309 U. S. 495

U.S. Supreme Court

United States v. Shaw, 309 U.S. 495 (1940)

United States v. Shaw

No. 570

Argued February 27, 1940

Decided March 25, 1940

309 U.S. 495


1. A suit against the United States may be brought only with consent given, and in the courts designated, by statute. P. 309 U. S. 500.

2. The United States, by filing a claim against an estate in a state probate proceeding, does not subject itself to a binding, though not enforceable, ascertainment and allowance of a cross-claim against itself in excess of set-off. The Thekla, 266 U. S. 328, distinguished. Pp. 309 U. S. 501-504.

3. By taking over the assets of the Fleet Corporation and assuming its obligations, the United States did not waive its immunity from suit in a state court on a counterclaim based on the corporation's breach of contract. P. 309 U. S. 505.

290 Mich. 311, 287 N.W. 477, reversed.

Certiorari, 308 U.S. 548, to review the affirmance of a decree in probate holding the United States indebted to a decedent's estate on a counterclaim.

Page 309 U. S. 497

ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review :

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line :