United States Supreme Court Cases & Opinions

U.S. Supreme Court

Zittman v. McGrath, 341 U.S. 471 (1951)

Zittman v. McGrath

No. 299

Argued February 28, 1951

Decided May 28, 1951

341 U.S. 471

Syllabus

After "transfers" of assets of German nationals had been forbidden by Executive Orders issued pursuant to the Trading with the Enemy Act, petitioners, American holders of claims against a German bank, levied attachments on accounts of the debtor in a New York bank and prosecuted the claims to judgments in New York state courts. The Alien Property Custodian served on the New York bank Vesting Orders and also a "turnover directive" requiring that all funds in the accounts be turned over to him "to be held, administered, and accounted for as provided by law." In an action in the Federal District Court, the Custodian sought a declaratory judgment that he is "entitled to possession" of the funds in the accounts.

Held: the Custodian is entitled to possession of the funds and to administer them. Zittman v. McGrath, ante, p. 341 U. S. 446, distinguished. Pp. 472- 341 U. S. 474.

182 F.2d 349 affirmed.

In declaratory judgment actions against petitioners by the Alien Property Custodian, the District Court granted the relief sought. 82 F.Supp. 740. The Court of Appeals affirmed. 182 F.2d 349. This Court granted certiorari. 340 U.S. 882. Affirmed, p. 341 U. S. 474.

Page 341 U. S. 472