Boerner v. United States
| Decision Date | 30 January 1939 |
| Docket Number | No. 7580.,7580. |
| Citation | 26 F. Supp. 769 |
| Parties | BOERNER v. UNITED STATES. |
| Court | U.S. District Court — Eastern District of New York |
C. Joseph Danahy, of Brooklyn, N. Y., for petitioner.
Vine H. Smith, U. S. Atty., of Brooklyn, N. Y. (J. Wolfe Chassen, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for the United States.
This is a motion for summary judgment under Rule 56 of the Rules of Civil Procedure for the District Courts of the United States, 28 U.S.C.A. following section 723c.
The petitioner bases his claim on Section 724 of Title 5 of the United States Code Annotated. Subdivision (20) of Section 41 of Title 28 of the United States Code Annotated authorizes the commencement of this action.
The petitioner was formerly employed as a chauffeur-carrier by the United States Post Office at Long Island City, New York. He claims that he was separated from the service on or about May 11, 1935 before he became eligible for retirement on an annuity. He further claims that while employed there was deducted from his salary pursuant to Section 722 of Title 5 of the United States Code Annotated, by the Civil Service Commission of the United States of America, the sum of $720.35 which was held to the credit of his account by the Civil Service Commission. He is now seeking the recovery of this sum.
The defense interposed by the United States of America, respondent herein, is that the petitioner is indebted to the United States of America in a sum greater than $720.35 and that said indebtedness arose by reason of losses of articles entrusted to petitioner for delivery in the course of his duties as chauffeur-carrier, which losses were occasioned by thefts perpetrated by petitioner. For such losses on C.O.D. and insured articles the Government has prior to the petitioner's separation from the service, paid the sum of $722.35. The sum of $720.35 has been paid to the Treasurer of the United States at the request of the United States Post Office Department pursuant to a decision rendered by the Comptroller General of the United States which was to the effect that the indebtedness of the petitioner to the United States amounted to $746.42. The petitioner has been credited with the sum of $720.35, the amount standing to his credit.
It is the Government's claim that evidence will be introduced at the trial from the records of the Post Office Department showing that 152 pieces of mail having a total value of $1,761.71 are chargeable to the thefts or other...
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