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U.S. v. NATIONAL SURETY CORP.

No. 236.

309 U.S. 165 (1940)

UNITED STATES FOR THE USE AND BENEFIT OF MIDLAND LOAN FINANCE CO. v. NATIONAL SURETY CORP. ET AL.

Supreme Court of United States.

Decided February 5, 1940.

Attorney(s) appearing for the Case

Mr. Benedict Deinard for petitioner.

Mr. George T. Havel, with whom Mr. Henry N. Benson was on the brief, for Patrick J. Malone; and Mr. Pierce Butler, Jr., with whom Messrs. M.J. Doherty and R.O. Sullivan were on the brief, for National Surety Corporation, respondents.

By leave of Court, Solicitor General Jackson, Assistant Attorney General Shea, and Messrs. Melvin H. Siegel, Robert K. McConnaughey, and Oscar H. Davis filed a brief on behalf of the United States, as amicus curiae, urging affirmance.

MR. JUSTICE REED delivered the opinion of the Court.

The question presented is whether petitioner, a private user of the mails, may without the consent of any officer of the United States bring suit on the bond of an acting postmaster for consequential damages resulting from misdelivery of mail. The Circuit Court of Appeals for the Eighth Circuit affirmed a judgment of the District Court for the District of Minnesota dismissing...

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