Barnard & Co. v. Sykes
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Appellant, a corporation, filed the bill in this case in the court below against E. L. Sykes, as principal, and W. B. Walker, B,. A. Houston, and J. J. Evans, as sureties. . The bill alleges that complainant was engaged in the blank book and stationery business in St. Louis, Missouri, and in the year 1890 employed the defendant, Sykes, as its traveling salesman in Mississippi; that by virtue of said…
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Appellant, a corporation, filed the bill in this case in the court below against E. L. Sykes, as principal, and W. B. Walker, B,. A. Houston, and J. J. Evans, as sureties. . The bill alleges that complainant was engaged in the blank book and stationery business in St. Louis, Missouri, and in the year 1890 employed the defendant, Sykes, as its traveling salesman in Mississippi; that by virtue of said employment and agency he occupied a fiduciary relation To complainant, and was intrusted with the making of sales and…
1Opinion of the CourtWoods, J.
Section 161 of the constitution is in these words, viz.: “And the chancery court shall have jurisdiction, concurrent with the circuit courts, of suits or bonds of fiduciaries and public officers for failure to account for money or property received, or wasted, or lost by failure or neglect to collect, and of suits involving inquiry into matters of mutual account, ’ ’ etc.
The word ‘ ‘ fiduciaries ’ ’ embraces those and those only who are bound for the discharge of express trusts — technical trusts, where bond is required to be given by law — and it does'not include those engaged in the…
2Cited by3 opinions
- United States Fidelity & Guaranty Co. v. SmithSupreme Court of Arkansas · 1912
- Philley v. TolerMississippi Supreme Court · 1960
- Bradley v. HowellMississippi Supreme Court · 1931