United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Acme Operating Corp., 288 U.S. 243 (1933)

United States v. Acme Operating Corp.

No. 319

Argued January 16, 1933

Decided February 6, 1933

288 U.S. 243

Syllabus

1. Claim of the mortgagee of vessels requisitioned by the Government, for amounts expended to repair them after their return, held without basis in view (1) of an agreement, joined in by the Government, the owners, and the mortgagee, by which the expense to the Government of transporting to destination the cargoes aboard when the use was taken should be charged against the amount of just compensation, and any balance in the Government's favor be payable upon return of the ships and be secured by prior liens upon them, and (2) in view of the fact that the amount found to be due the Government upon the final accounting exceeded the amount found to have been expended for the repairs. P. 288 U. S. 247.

2. The claim against the United States, by the holder of mortgage on ships that were requisitioned by the Government, for the expense of repairs to put them in condition after their return, gains no

Page 288 U. S. 244

support in this case from the fact that the claimant also hold by assignment construction liens that attached before the requisition, the status of which is not revealed by the findings. P. 288 U. S. 248.

74 Ct.Cls. 82 reversed.

Certiorari, 287 U.S. 588, to review a judgment allowing a claim for "just compensation" presented by the holder of mortgage liens on vessels that were requisitioned for use by the Government and afterwards repaired at the expense of the mortgagee.