Foster v. M. A. Metts & Co.

Citations

• 55 Miss. 77

Syllabus

<p>1. United States Mails. Gamer thereof.</p> <p>The United States government is the carrier of the mails, and those who contract to carry the mails for the government are its agents, and are neither common carriers for the public nor private carriers for individuals.</p> <p>2. Same. Hider or driver, agent of the government.</p> <p>A rider or driver employed bj' a contractor for carrying the mail is an assistant and subordinate agent in the public service of the government, and, although paid and liable to be discharged at pleasure by the contractor, is not engaged in the private service of the contractor.</p> <p>3. Same. Liability of contractor.</p> <p>A contractor for carrying the mail is not liable to the loser for money stolen from the mail by the rider or driver employed by him to carry it.</p> <p>4. Same. Promissory note of contractor for lost money.</p> <p>A promissory note given by a mail-contractor for money stolen fi-om the mail by his -agent and employee carrying the same does not create any liability against the maker thereof. And, in such case, the agreement of the loser to forbear suit for a certain time, and his acceptance of a promissory note payable accordingly, do not constitute any legal consideration for the giving of the note.</p>