United States v. Sherwood

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 is whether a United States District Court has jurisdiction to entertain the suit.

The order authorized respondent, who had recovered a judgment against Kaiser in the New York Supreme Court for $5,567.22, to bring suit against the Government to recover for breach of its contract with Kaiser for the construction of a postoffice building. The order [*586] directed that out of .the amount recovered respondent should be entitled to a sum sufficient to satisfy his judgment with interest “as well as costs, disbursements and expenses which may be allowed by the court.”