United States v. Feldman
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by the United States against Wolf Feldman. There was a judgment for defendant, and the United States brings error.
Read the full summary
In Error to the District Court of the United States for the Eastern District of New York. Action by the United States against Wolf Feldman. There was a judgment for defendant, and the United States brings error. The United States sued Feldman as the surety upon a bond conditioned that a certain alien, contemporaneously admitted into the country, should not, within a time limited in said bond, become a public charge, and that the surety should “within 30 days prior to the expiration of six months and one year, respectively, from the date [of the bond], make written reports to the immigration…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The legality and propriety of the bond in suit was established by us in Illinois Surety Co. v. United States, 229 Fed. 533, 143 C. C. A. 601, an action upon an exactly similar document.
[2, 3] The testimony on behalf of the government raised a presumption that no notice had been sent, for the officers and employes of the postal service are presumed to have done their duty and made delivery of all properly addressed mail matter'intrusted to their care; equally, also, are the officials of the immigration service presumed tó have kept what they received.…
2Cases cited3 opinions
- Dunlop v. United StatesSupreme Court of the United States · 1897
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Illinois Surety Co. v. United StatesCourt of Appeals for the Second Circuit · 1916