Maloney v. Terry
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Ti-iomas B. Martin, Chancellor. STATEMENT BY THE COURT. Appellee, W. J. Terry, as administrator of the estate of Joseph Townsend, deceased, brought suit in the Pulaski chancery court by bill in equity as follows: “The plaintiff, for his cause of action, alleged that his intestate, Joseph Townsend, employed E. S. Maloney as an attorney and agent to negotiate a loan of $3,000, and to settle a claim with Sarah Townsend.
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Appeal from Pulaski Chancery Court. Ti-iomas B. Martin, Chancellor. STATEMENT BY THE COURT. Appellee, W. J. Terry, as administrator of the estate of Joseph Townsend, deceased, brought suit in the Pulaski chancery court by bill in equity as follows: “The plaintiff, for his cause of action, alleged that his intestate, Joseph Townsend, employed E. S. Maloney as an attorney and agent to negotiate a loan of $3,000, and to settle a claim with Sarah Townsend. That he was to settle said claim with the approval of said Joseph Townsend, upon terms, most advantageous to him, the said Townsend. That he…
1Opinion of the Court
Wood, J.,
(after stating the facts.) We are asked to reverse only upon the ground that the court had no jurisdiction. The appellants contend that there was a complete and adequate remedy at law, and for that reason the court of chancery should have transferred the cause to the law court. For the purpose of this motion we must look only to the complaint, and treat its allegations as true. It sets up the trust relation, and shows that the money sued for was obtained through fraudulent representations, and was received and is held in a fiduciary capacity. That was sufficient to give the chancery…
2Cases cited3 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hubbard v. United States Mortgage Co.Appellate Court of Illinois · 1883
- Varet v. New-York InsuranceNew York Court of Chancery · 1839
3Cited by5 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Norfleet v. StewartSupreme Court of Arkansas · 1929
- Chavis v. MartinSupreme Court of Arkansas · 1947
- Blake v. DenmanSupreme Court of Arkansas · 1951