Summary

National Home for Disabled Volunteer Soldiers v…

Without now attempting to lay down a rule for all governmental agencies, we think the exemption of the United States is not applicable to the Home. It is a distinct corporate entity, invested with powers, duties, and responsibilities which, in the judgment of Congress, required that it be given power to sue in its own name, and be subjected to liability to be sued.
Source: Wikisource

National Home for Disabled Volunteer Soldiers v…

It is not questioned that the Home was empowered to make the contracts upon which the recovery was had, or that it was suable thereon; but it is urged that interest is not recoverable against the United States in the absence of some statutory provision or authorized stipulation, and that, as the Home is a governmental agency, a like exemption applies to it.
It is quite true that the United States cannot be subjected to the payment of interest unless there be an authorized engagement to pay it or a statute permitting its recovery.
Source: Wikisource

National Home for Disabled Volunteer Soldiers v…

The Home is without capital stock, shares, or shareholders; is an eleemosynary institution created by the government to manifest and discharge its sense of gratitude towards those who rendered service in its defense; is under the ultimate supervision of Congress; is supported and maintained from the national treasury, and is essentially a governmental agency. In defining its powers the statute declares that it shall 'have perpetual succession, with powers to take, hold, and convey real and personal property, establish a common seal, and to sue and be sued in courts of law and equity
Source: Wikisource

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