Feltus v. Swan

Mississippi Supreme Court

Feltus v. Swan

62 Miss. 415

CourtMississippi Supreme Court

DecidedOctober 15, 1884

StatusPublished

Cited by10 cases

This text of 62 Miss. 415 (Feltus v. Swan) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feltus v. Swan, 62 Miss. 415 (Mich. 1884).

Pincite

Opinion

Campbell, C. J.,

delivered the opinion of the court.

The appellee being a mere agent was not liable for an omission of duty except to his principal. Story on Agency, §§ 308, 309; Wharton on Agency, §§ 535, 536 ; Dunlap’s Paley’s Agency 396.

The proposed amendment would not have made the declaration good, for whatever motive operated on the agent, the charge against him was only that he had failed to do, and not that he had done anything maliciously, and for nonfeasance or omission to act at all the agent is answerable only to his employer.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Campbell, C. J.,

delivered the opinion of the court.

The appellee being a mere agent was not liable for an omission of duty except to his principal. Story on Agency, §§ 308, 309; Wharton on Agency, §§ 535, 536 ; Dunlap’s Paley’s Agency 396.

The proposed amendment would not have made the declaration good, for whatever motive operated on the agent, the charge against him was only that he had failed to do, and not that he had done anything maliciously, and for nonfeasance or omission to act at all the agent is answerable only to his employer.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

62 Miss. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feltus-v-swan-miss-1884.

Opinion

Related

Cite This Page — Counsel Stack