Eastport Steamship Company v. United States

WHITAKER, Judge.

This case is before the court on defendant’s motion to dismiss for lack of jurisdiction.

Plaintiff’s petition alleges that it recovered a judgment in this court on June 8, 1954, for $54,097.16, but that the Comptroller General wrongfully offset against this judgment the sum of $31,-102.71, which sum he claims plaintiff owes the defendant under a bareboat charter. Plaintiff sues for the $31,102.-71 withheld.

There is no doubt about the jurisdiction of this court to entertain an action for the wrongful withholding of a judgment. See Benedict v. United States, 66 Ct.Cl. 437;…