Smyer v. United States, 273 U.S. 333 (1927)

Smyer v. United States


No. 131


Argued January 14, 1927
Decided February 21, 1927
273 U.S. 333

APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

Moneys collected by a post office official under the Act of August 24, 1912, upon C.O.D. parcels and held by him for use by him in purchasing money orders to be sent to the sender of the parcels, are not "money order funds," within R.S. § 4045, nor "public money," within § 3846. Pp. 335-336.

6 F.2d 12 reversed.

Appeal from a judgment of the circuit court of appeals which affirmed a judgment for the United States in an action in the district court against a postmaster and his surety, to recover money embezzled by an assistant superintendent of mails.