Deal
Deal v. United States
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…