Overview
Case summary
The claimant, administratrix of Cornelius Cosgrove, sued the United States for one month's extra pay for mail transportation services. The United States did not contest the claim but filed a counterclaim for $33,921.69, alleging that the contractor had been overpaid due to an erroneous order by the Postmaster-General that falsely claimed an increase in route distance by including the post-office of Roswell. The court found that the contractor had already identified Roswell as part of the route in his own handwriting and that no additional service was performed. Consequently, the court allowed the government's counterclaim, offset the claimant's recovery, and entered judgment for the United States.
Abstract
The administratrix of a deceased contractor sued the government for extra pay for mail transportation services, which the government did not contest but countered with a claim for overpayment due to an erroneous order including an additional post office in the route distance. The court found the contractor had already included that post office in the route with no additional service performed, allowing the government's counterclaim. Judgment was entered against the claimant for the net overpayment amount, payable from the estate.
Procedural posture
Legal categories
Case record
Issues & holdings
de novo
The court conceded the amount was due but offset it against the government's counterclaim.
Issue preserved for review
de novo
The contractor was bound to know the route distance and that no additional service was performed; therefore, payments were illegal.
Issue preserved for review
Holdings of the court
Timeline
No timeline recorded.
Facts & evidence
Incident
Key facts
6 facts- Cornelius Cosgrove contracted to transport mail on route No. 39109.
- The advertisement stated the route distance as 442.5 miles.
- The contractor, in his own handwriting, identified the route as 429 miles and included Roswell as a post-office on the route.
- The Postmaster-General later issued an order claiming the inclusion of Roswell increased the route distance by 62 miles, granting additional pay.
- The court found the route via Roswell was the only practical route and was known to the contractor at the time of bidding.
- The government sought to recover overpayments made based on the erroneous assumption of increased distance.