United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Barlow, 132 U.S. 271 (1889)

United States v. Barlow

No. 31

Argued October 29-30, 1889

Decided December 2, 1889

132 U.S. 271

Syllabus

When a part of an established post route is found to be impracticable by reason of being almost impassable, that portion of it map be changed by the Post Office Department without thereby creating a new route, requiring a new advertisement and bid.

In order to maintain an action brought to recover moneys alleged to have been fraudulently obtained from the Post Office Department for expediting mail service, it is not necessary to show that a subordinate officer of the department participated in the fraud.

Money paid by the Post Office Department to a contractor for carrying the mails under a clear mistake of fact, and not through error in judgment, may be recovered back.

The Postmaster General, in the exercise of the judgment and discretion reposed in him in regard to matters appertaining to the postal service, is not at liberty to act upon mere guesses and surmises, without information or knowledge on the subject.

Page 132 U. S. 272

The case is stated in the opinion.