Deal

Deal v. United States

Caution
11 F.2d 3·5 Alaska Fed. 289·1926 U.S. App. LEXIS 2405
United States Court of Appeals for the Ninth CircuitFebruary 15, 1926No. 4631California2,278 words

Opinion

Lead Opinion

McCamant, J.

It is contended that the complaint on which the case was tried fails to state facts sufficient to constitute a cause of action. It is alleged that the defendant Deal was postmaster at Fairbanks at the time in question; that the defendants executed to plaintiff a bond in the sum of $26,-000, conditioned that the defendant Deal “should faithful-, ly discharge all the faiths and trusts imposed on him as such postmaster either by laws or the regulations of the Post Office Department of the United States”; that on the 15th of September, 1921, the First National Bank of Fairbanks deposited in the post office at that place a parcel containing $9,937.65 belonging to the United States; that the parcel was addressed to the special disbursing officer of the Alaskan Engineering Commission at Plealy, Alaska, by way of Nenana, and that it was duly stamped and registered; that, while the parcel was in the custody of the defendant Deal; it was opened and rifled of $9,900; that this loss was due to the negligence of the defendant Deal and his disregard of the postal laws and regulations; that said defendant “failed and neglected to use ordinary care in handling the said registered package, and…

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