Neely v. Wilmore
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. The court erred in excluding from the jury all evidence of plaintiff’s fraud, unfaithfulness and dishonesty in discharging the duties connected with the agency; and in refusing to instruct the jury that if proven it was a 'defense to the suit.
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. The court erred in excluding from the jury all evidence of plaintiff’s fraud, unfaithfulness and dishonesty in discharging the duties connected with the agency; and in refusing to instruct the jury that if proven it was a 'defense to the suit. Where an agent is guilty of fraud, •dishonesty or unfaithfulness, in the transaction of the agency, such conduct is a 'bar to the recovery of wages or compensation by him. 96 Ark. 451. 2. The court erred in excluding from the jury all evidence in support of defendant’s counter-claim and in…
1Opinion of the CourtSmith, J.
Appellee sued for a sum of money alleged to ibe due him as wages as plantation manager on a farm owned :by appellants for the years 1912, 1913 and 1914 under an express contract. Appellants filed a counterclaim in which they alleged that appellee had wrongfully and without authority overpaid one R. E. Harrison for services as bookkeeper. The proof was that appellants themselves employed Harrison, who was their kinsman, and fixed his salary, and appellee testified that he did not know the amount of the salary. It was .shown, however, that the salary was paid with drafts signed by appellee…
2Cases cited8 opinions
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
- B. A. Stevens Co. v. WhalenSupreme Court of Arkansas · 1910
- Daniel v. GordySupreme Court of Arkansas · 1907
- Brunson v. TeagueSupreme Court of Arkansas · 1916
- Doss v. Long Prairie Levee DistrictSupreme Court of Arkansas · 1910
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3Cited by1 opinion
- Baldwin v. PrinceSupreme Court of Arkansas · 1979