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UNITED STATES EX REL. SKINNER & EDDY CORP. V. MCCARL, 275 U. S. 1 (1927)

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U.S. Supreme Court

United States ex Rel. Skinner & Eddy Corp. v. McCarl, 275 U.S. 1 (1927)

United States ex Rel. Skinner & Eddy Corporation v. McCarl

No. 30

Argued April 14, 18, 1927

Decided October 10, 1927

275 U.S. 1

Syllabus

1. Claims arising out of contracts with the Emergency Fleet Corporation are not within the jurisdiction of the Comptroller General. P. 275 U. S. 4.

2. The Fleet Corporation is an entity distinct from the United States and from any of its departments or boards, and the audit and control of its financial transactions is, under the general rules of law and the administrative practice, committed to its own corporate officers except so far as control may be exerted by the Shipping Board. P. 275 U. S. 11.

3. The power to settle and adjust claims arising from contracts made and cancelled by the Fleet Corporation under the power delegated by the President under the Acts of June 15, 1917, and April 22 and November 4, 1918, is conferred by § 2(c) of the Merchant Marine Act, 1920, on the Shipping Board. P. 275 U. S. 11.

4. The requirement of Rev.Stats. § 951, that, in suits by the United States against individuals, no claim for a credit shall be admitted unless it shall have been presented to the accounting officers of the Treasury and by them disallowed is satisfied when the claim is presented and disallowed by the officer who has power to allow the claim, although he is not a general accounting officer of the government. P. 275 U. S. 12.

8 F.2d 1011 affirmed. chanroblesvirtualawlibrary

Page 275 U. S. 2

Certiorari, 270 U.S. 626, to a judgment of the Court of Appeals of the District of Columbia which affirmed the Supreme Court of the District in dismissing a petition for a writ of mandamus, which was sought by Skinner & Eddy in order to compel the Comptroller General to pass upon its claims against the government, growing out of contracts with the Emergency Fleet Corporation.





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