by John Marshall Harlan

“ If the term 'stock and carriers' does not include 'men and horses,' then the postmaster general had no right to make the increased allowance mentioned, and, if this be true, such additional allowances exceeded the 'sum which, according to law, might rightfully have been allowed therefor' ”

“ We do not doubt the plaintiff's right to recover the amount of such excessive payments in case of fraud in the transaction leading to their disbursement. But, if there were no actual fraud in these proceedings, it is clear from the allegations of the complaint that the defendants received the moneys in question without consideration ”

“ Piatt and Salisbury, according to the facts admitted by the demurrer, are equally concerned in the fraud perpetrated upon the government,-one by presenting in behalf of both a sworn statement containing false and fraudulent allegations, whereby the postmaster general was induced to amend the original contract, allowing increased compensation ”