Vilwig v. B. & O. Railroad

Citations

• 79 Va. 449
• 1884 Va. LEXIS 101

Syllabus

<p>1. Equity Jurisdiction and Relief—Agents.—Courts of equity have jurisdiction in matters of account involving the dealings of agents whenever it appears that a discovery is necessary, or there are mutual accounts between the parties, or the remedy at law is not plain, simple and free from difficulty. Coffman v. Sangston, 21 Gratt. 264.</p> <p>2. Idem—Railroad Agents.—Where agent occupies position of trust; is charged with duty not only of keeping, but of rendering regular accounts; and is custodian of most of the vouchers of his receipts and disbursements, the remedy at law is not so plain and easy as in equity, which is the appropriate forum for relief in such cases. R. & P. R. R. Co. v. Kasey and als., 30 Gratt. 220.</p> <p>3. Railroad Agents—Application of Credits.—Where such agent executes bond, January 13th, 1875, for faithful performance of his official duties in the future, and on January 30th, 1875, vouchers are passed to his credit for moneys by him paid out before said 13th, such credit must be applied to the agent’s arrearages anterior to the execution of said bond.</p>