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UNITED STATES v. SHERWOOD

No. 500.

312 U.S. 584 (1941)

UNITED STATES v. SHERWOOD.

Supreme Court of United States.

Decided March 31, 1941.

Attorney(s) appearing for the Case

Mr. Sidney J. Kaplan, with whom Solicitor General Biddle, Assistant Attorney General Shea, and Messrs. Melvin Siegel and Richard H. Demuth were on the brief, for the United States.

Mr. Milton U. Copland, with whom Mr. David Morgulas was on the brief, for respondent.

MR. JUSTICE STONE delivered the opinion of the Court.

The New York Supreme Court, acting under authority of § 795 of the New York Civil Practice Act, made an order authorizing respondent, as a judgment creditor, to maintain a suit under the Tucker Act of March 3, 1887, 24 Stat. 505, § 24 (20) of the Judicial Code, 28 U.S.C. § 41 (20), to recover damages from the United States for breach of its contract with the judgment debtor. The question for decision...

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