United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Benedict, 261 U.S. 294 (1923)

United States v. Benedict

No. 394

Argued January 23, 1923

Decided March 5, 1923

261 U.S. 294

Syllabus

1. In an action to recover money from the United States wherein, upon a suggestion made by the circuit court of appeals to avoid a reversal, the plaintiff assigned part of the recovery to a city which claimed an interest in the premises but insisted that the complaint should have been dismissed, held that the city, by not objecting to the suggestion in the court of appeals and by waiting three months before suing out a writ of error here, must be deemed to have accepted the assignment and consented to the judgment, and that its writ of error must be dismissed. P. 261 U. S. 298.

2. In an action against he United States for a balance due on property taken under the Lever Act, interest is recoverable from the date of the taking. P. 261 U. S. 298. Seaboard Air Line Ry. Co. v. United States, post, 261 U. S. 299.

Writ of error of City of New York to review 280 F. 76 dismissed. As to the United States, judgment affirmed.

Error to a judgment of the circuit court of appeals affirming, with modification, a judgment of the district court for the plaintiff in an action against the United States for a balance due as compensation for property taken under the Lever Act. The City of New York was joined as codefendant to adjudicate its claim of interest in the property.

Page 261 U. S. 296