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

Annotate this Case
  • 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


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

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.