Fisher v. Westmoreland

Citations

• 101 Miss. 180
• 57 So. 563

Syllabus

<p>1. Principal and Agent. Malicious prosecution. Liability for agent’s acts.</p> <p>The principal is liable for the acts of his agent in instituting a criminal prosecution maliciously and without probable cause, if the institution of such prosecution was expressly authorized or subsequently ratified by the principal, or was within the scope of the agent’s employment.</p> <p>2. Same.</p> <p>Authority from the principal to an agent to sell property, does not confer authority to prosecute for theft of such property. An expressed authority to prosecute one person, excludes any authority to prosecute another.</p> <p>3. Same.</p> <p>As a caretaker of the property of a principal an agent is authorized to do any and all things necessary to enable him to take care of and preserve the property but this authority extends no further. If necessary to prevent a person from stealing the property, he is authorized to cause the' arrest of such person, not in order to punish him, hut to prevent the theft, and in Such case an agent has no implied authority to prosecute after an alleged theft has been committed.</p>