United States v. A. Bentley & Sons Co.

(after stating the facts as above).

The plaintiff’s attitude is that as between it and the defendant a fiduciary relation existed — that defendant’s posture was that of a trustee and that of. the government the beneficiary of a trust. It is true, the courts have regarded government officers and agents, when dealing for or with the government to which their services are due, as occupying a position similar to that of a guardian transacting business for or with his ward. Note, for instance, Garman v. U. S., 34 Ct. Cl. 237, 242; U. S. v. Carter, 217 U. S. 286, 306, et seq., 30 Sup. Ct. 515, 54 L.…