43 Ga. 583 | Ga. | 1871
This was a bill filed by the complainant against the defendants, on the 13th of April, 1866. The defendants had answered the bill. When the cause was called for trial at the November Term of the Court, 1870, and after hearing the bill read, the Court dismissed the same for want of equity, to which the complainant excepted. The facts alleged in the bill are in substance as follows: The complainant had two lots of cotton at Albany, Georgia, one of fifty bales, the other of sixty bales, which he desired to ship to Apalachicola, and to insure the same. On the 6th of February, 1866, Bowers, as the agent of complainant, wrote to Eust, the agent of the Underwriters Insurance Agency, at Albany, to “please find Mr. Oliver Cromwell, (who was also an agent of complainant,) and get particulars of how he ships two lots of cotton to Apalachicola, one of fifty and the other of sixty bales, and insure them to Apalachicola, send bills to me, and I will remit by express. Your prompt attention will much oblige,” etc. The bill alleges that this letter was received by Eust
As a general rule of law, the principal is bound for the care, diligence and fidelity of his agent in his business, and for the neglect and fraud of his agent in the transaction of such business. In all cases of fraud, (except fraud in the execution of a will,) equity has concurrent jurisdiction with the Courts of law: Code, 3115. Where law and equity have aonaxvrrent jurisdiction, the Court first taking will re.tain it, unless a good reason can be given for the interference
Let the judgment of the Court below be reversed.
(Note. — McCay, Judge, concurred, hesitatingly, saying he thought it was best to have a hearing. R.)