Legal Opinion · Dissent

United States Fidelity & Guaranty Co. v. United States

Court of Appeals for the Fifth Circuit

Decided August 25, 1937No. 8200Published

1DissentHutcheson, Circuit Judge

The majority opinión grounds the reversal of the judgment upon the conclusion that “Cooke was an independent officer of the government, accountable directly to the United States for moneys he collected in his official capacity as a separate collector of customs in charge of a separate port of entry at Beaumont, and that Gunter was not responsible for his default.”

I cannot agree with this view. In my opinion, the duties of Gunter as acting collector extended to supervision over and responsibility for funds collected by any of those employed in his District, including Cooke at Beaumont, and…

2Cases cited5 opinions

  1. Smythe v. United StatesSupreme Court of the United States · 1903
  2. Pond v. United StatesCourt of Appeals for the Ninth Circuit · 1901
  3. Cleveland, Columbus, &C., Railroad v. McClungSupreme Court of the United States · 1886
  4. Dignan v. ShieldsTexas Supreme Court · 1879
  5. United States v. BryanU.S. Circuit Court for the District of Northern California · 1897

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