Holly v. Missionary Society of the Protestant Episcopal Church
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was the case of a bill in equity filed, in January, 1891, in the Circuit Court of the United States for the Southern District of New York, by James Holly, a citizen of the State of Pennsylvania, against the Domestic'and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America, a corporation of the State of New York, and E. Walter Eoberts, treasurer of the same.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was the case of a bill in equity filed, in January, 1891, in the Circuit Court of the United States for the Southern District of New York, by James Holly, a citizen of the State of Pennsylvania, against the Domestic'and Foreign Missionary Society of the Protestant Episcopal Church in the United States of America, a corporation of the State of New York, and E. Walter Eoberts, treasurer of the same. The case came to issue on bill, answer and replication. Evidence was adduced by the respective parties, and certain exhibits…
1Opinion of the Court
Mr. Justice Shiras,
after making the above statement, de-. livered the opinion of the court.
This is a case in which a court of equity is called upon to de cide upon which, of two innocent parties is to fall a loss caused by the dishonesty of a third person. The relation that existed between Thompson and the Missionary Society was that of executor and legatee; between Thompson and Holly, that of attorney and client. As between themselves, Holly and the Missionary Society were absolute strangers.
Our examination of the pleadings and evidence fails to show any such dereliction of duty or supine…
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