Schaefer v. United States Shipping Board Emergency Fleet Corp. , 229 A.D. 805 ( 1930 )

Judgment reversed upon the law, with costs, and complaint dismissed, with costs. The facts show that the claimed liability arose out of the possession by and operation for the United States of America of one of its merchant vessels. A judgment would have to be paid out of the Treasury of the United States. The trial court had no jurisdiction to consider the subject-matter. (Johnson v. Fleet Corporation, 280 U. S. 320.) Lazansky, P. J., Rich, Young, Hagarty and Carswell, JJ., concur.