United States ex rel. Brimberg Bros. v. Globe Indemnity Co.

L. HAND, Circuit Judge.

The writ raises two points: May the relators sue upon the bond? If so, does it cover a loss occurring before the date of its execution? The first question depends upon whether the bond was given for the benefit of the United States alone or of the owners of carted merchandise as well. In Howard v. U. S., 184 U. S. 676, 22 S. Ct. 543, 46 L. Ed. 754, the Supreme Court held that a court clerk’s bond was available to suitors as well as to the United States, and allowed recovery in an aetion by an injured party in the name of the United States. In United States v. Abeel, 174…