CAVANAUGH v. UNITED STATES

No. 4765.

61 F.2d 127 (1932)

CAVANAUGH v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

August 24, 1932.


Attorney(s) appearing for the Case

C. Hubert Derivaux and Wolber, Gilhooly & Yauch, all of Newark, N. J. (Edward J. Gilhooly, of Newark, N. J., on the brief), for appellant.

Phillip Forman, U. S. Atty., and Walter B. Petry, Asst. U. S. Atty., both of Trenton, N. J.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

The appellant, Joseph B. Cavanaugh, was a mail carrier. While making deliveries on his route, he accepted from Emma Nagel for registration and mailing an unstamped letter containing $35. At the same time she gave him 45 cents. Her testimony was: "I gave him the letter and had a package with a pair of shoes. I gave him forty-five cents and wanted it registered, and he said yes, but he doesn't have the receipt, you know, he didn't have them...

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