Anderson v. Western Union Telegraph Co.
Mississippi Supreme Court
From the circuit court of Claiborne county. TIon. William K. McLaurin, Judge. Anderson and others, the appellants, were the plaintiffs in the court below; the telegraph company was defendant there. From a judgment for the defendant the plaintiffs appealed to the supreme court. The opinion states the facts. This was a case of continuing guaranty.
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From the circuit court of Claiborne county. TIon. William K. McLaurin, Judge. Anderson and others, the appellants, were the plaintiffs in the court below; the telegraph company was defendant there. From a judgment for the defendant the plaintiffs appealed to the supreme court. The opinion states the facts. This was a case of continuing guaranty. Defendant was in the position of a fiduciary; it knew of the fraud of its agent in September, 1896, but continued him in its employ until his defalcation had reached the sum of $390. Therefore the money paid was not due. See Saint v. Wheeler & Wilson…
1Opinion of the CourtCalhooN, J.
In 1895 appellants became sureties on the bond of an agent of appellee at Port Gibson. The bond is conditioned for the faithful discharge of duty by the agent, and particularly that he should faithfully pay over moneys received.
The agent commenced to be short in his accounts in August, 1896, and he increased his shortage nearly every month up to and including December, 1897. ' By a letter of January 13, 1S98, the company, by its superintendent at Nashville, Tenn., notified the sureties of a shortage of $387.85. They at once saw the agent, who acknowledged the shortage, but told them-it liad…
2Cases cited1 opinion
- Wood v. PattersonHigh Court of Chancery of Maryland · 1850
3Cited by1 opinion
- Menge & Sons v. Gulf & Ship Island RailroadMississippi Supreme Court · 1910