United States v. Gettinger & Pomerantz, 272 U.S. 734 (1927)

United States v. Gettinger & Pomerantz

No. 537

Argued November 30, 1926
Decided January 3, 1927
272 U.S. 734

ERROR TO THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK

Syllabus

1. The District Court is without jurisdiction of an action to recover from the United States the amount of a fine imposed on the plaintiffs, and paid under protest, under a penal statute afterward adjudged by this Court to be unconstitutional. P. 735.

2. The payment of such fine under a plea of nolo contendere, with an attempted reservation of a right to reclaim it if the statute on which the indictment was based were declared unconstitutional by this Court, did not create any contract with the United States. P. 735.

Reversed.

Appeal from a judgment of the district court awarding damages against the United States in a suit under the Tucker Act to recover, with interest, the amount of a fine imposed under § 4 of the Lever Act, which was afterwards adjudged unconstitutional.