Legal Opinion

McElhany v. United States

United States Court of Claims

Decided March 6, 1944No. 45583PublishedCited by 5 opinions

1Opinion of the CourtWhitaker, Judge

It is stipulated that plaintiff is a disabled veteran of World War I and as such is entitled to compensation in the amount of $936.84. It is also stipulated that he is entitled to $402.50 as the beneficiary-of a War Bisk Insurance policy on the life of his brother, another veteran of World War I. These sums are being withheld from him, however, because the defendant asserts the right to offset them against a fine of $5,000 imposed on plaintiff for violation of the White Slave Act. He sues to recover them.

We think it is clear that the right of offset is denied by the Act of August 12,1935 (49…

2Cases cited1 opinion

  1. O'Leary v. United StatesUnited States Court of Claims · 1936

3Cited by5 opinions

  1. Hermann v. United StatesUnited States Court of Claims · 1949
  2. Gleave v. GrahamDistrict Court, W.D. New York · 1997
  3. Levine v. United StatesUnited States Court of Claims · 1948
  4. Price v. United StatesUnited States Court of Claims · 1952
  5. Prudential Insurance Co. of America v. BrownDistrict Court, D. Kansas · 1989

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