United States v. Shaw - 309 U.S. 495 (1940)
- Syllabus
- Case
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
Syllabus
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.
