Hudson v. Kimbrough
Mississippi Supreme Court
From the chancery court of Sunflower county. The co-partnership, of which appellant is the survivor, employed appellee’s intestate, who was an attorney at law, to collect a debt due the firm from third parties. The other facts are sufficiently stated in the opinion of the court. Complainants need not allege they used reasonable diligence, etc., because the parties sustained the relation of client and attorney.
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From the chancery court of Sunflower county. The co-partnership, of which appellant is the survivor, employed appellee’s intestate, who was an attorney at law, to collect a debt due the firm from third parties. The other facts are sufficiently stated in the opinion of the court. Complainants need not allege they used reasonable diligence, etc., because the parties sustained the relation of client and attorney. On demurrer, complainant need not allege he brought suit within three years from the time the fraud was first discovered, because the fraud is admitted, which gives the court j…
1Opinion of the CourtWoods, J.
In a limited and narrow sense, the relation subsisting between the attorney and client, as shown in the case at hand, in which is involved only the collection of a single claim, may be characterized as one of trust, but it is not of the class of express and continuing trusts covered by the principles announced in Livermore v. Johnson, 27 Miss., 284; Buckner v. Colcote, 28 Miss., 432; and Edwards v. Gibbs, 39 Miss., 166, which are cited by and relied upon by the learned counsel for appellant. This relationship of client and attorney is created by contract, and for any breach of duty under such…
2Cases cited4 opinions
- Buckner v. CalcoteMississippi Supreme Court · 1855
- Stafford v. RichardsonNew York Supreme Court · 1836
- Edwards v. GibbsMississippi Supreme Court · 1860
- Livermore v. JohnsonMississippi Supreme Court · 1854
3Cited by6 opinions
- Wilder v. St. Joseph HospitalMississippi Supreme Court · 1955
- Hutchinson v. SmithMississippi Supreme Court · 1982
- Jonez P. Suthoff v. Yazoo County Industrial Development CorporationCourt of Appeals for the Fifth Circuit · 1983
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Lewis v. DuncanSupreme Court of Kansas · 1903
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