83 Miss. 774 | Miss. | 1903
delivered the opinion of the court.
The reporter will set out the bill of complaint in full, in order to a clear comprehension of our opinion. Without special reference in this opinion to the particular allegations of the bill, we summarize by saving that the gravamen of the bill is as follows: That the railroad company and the compress com-
‘ The jurisdiction of the chancery court is put, in these bills, upon the necessity for discovery, the embarrassed and inadequate nature of the remedy at law, and upon the further distinctive ground that these respondents, having, for their own mutual convenience, changed the ordinary rulé as 'to delivery tinder the bills of lading calling for specific bales by marks and numbers, by having' entered into the aforesaid traffic arrangement, have brought about a status, as between themselves and shippers of cotton, wherein there clearly exists, as between themselves, a privity which renders them liable to such shippers.' Are the bills maintainable?' Bank v. Phillips, 71 Miss., 51, 15 So. Rep. 29, is entirely inapplicable here. There was no privity whatever between the defendants in that case. 'That was a fishing bill, pure and simple. George v. Solomon, 71 Miss., 168, 14 So. Rep., 531, is also inapplicable. In that case the déféndants were not only not in privity, but stood- in distinctly antagonistic relations to each other as to the liability involved. In Supervisors v. Alford, 65 Miss., 69, 3 So. Rep., 247, 7 Am.St. Rep., 637, Campbell, I., said: “Had the bill been so drawn-as to show that the facts are unknown as to which set of sureties are iiable, the jurisdiction of chancery would have been un-dóubtéd.” - Citing Gay v. Edwards, 30 Miss., 218; Tate v. DeSota, 51 Miss., 588.' "That was a'suit in equity to establish liability between two set's df sureties on an official bond of Alford- as treasurer of' Lauderdale county. There was nO priv
We uphold the right to equitable relief in these cases upon these grounds: First and specially. That the allegations of these bills make a case of clear privity between these defendants. They are not to be treated and dealt with separately and independently of each other, but they are to respond from the basis of privity which they have established for themselves by their joint traffic arrangement. If they chose to change the original rule as to place and mode of delivery of specific bales by marks and numbers, so that the railroad company could not deliver cotton at all to the holder of the bill of lading, but only to the compress company, receiving from the compress company and delivering to the holder of the bill of lading compress tickets calling, not for the specific bales called for by the bill of lading, but for an equal number of bales of average weight and quality, and to do all this simply for their own mutual convenience and profit, they have established thereby, as between themselves, a privity which they will not be allowed to repudiate when called on by holders of bills of lading to respond. Second. The equitable right to discovery is another ground for the jurisdiction, especially in view of the fact that the whole confusion and uncertainty as to liability was brought about by the joint action of these defendants. Third. If there was a. remedy at law, it is'clearly an embarrassed and inadequate one. -
Wherefore the decrees in both cases are affirmed, and the causes remanded, with leave to answer within sixty days after the filing of the mandate in the court below.
Affirmed.