132 So. 333 | Miss. | 1931
It is the settled rule in this state, Baggett v. McCormack,
It is earnestly sought to distinguish the present case from Baggett v. McCormack, in this: In the Baggett case the borrower after the injury paid the owner for the property, and, although without any legal assignment, then brought suit against the wrongdoer; whereas in this case the borrower, in fraud of his trust, appropriated the proceeds to his own use and failed to account to the owner. The distinction, however, is not real, for in the Baggett case the borrower did in advance of the recovery only what, as trustee, he would in law have been required to do upon and after recovery.
Affirmed. *496