Whyte v. Mills

Citations

• 64 Miss. 158

Syllabus

<p>Pkincipal and Agent. Issuance of false warrant by deputy clerk of board of supervisors. Action for damages against clerk.</p> <p>M. was clerk of the chancery court, and ex-officio clerk of the Board of Supervisors of the County of A., and D. was his duly appointed deputy. D. issued certain false and fraudulent warrants against the county, and without authority signed thereto the name of M. as chancery clerk and clerk of the board of supervisors, and affixed to the same such clerk’s official seal. W. bought the warrants believing them to be genuine, but the county treasurer refused to pay them. Thereupon W. sued M. to recover damages for the fraudulent conduct of his deputy. Held, that M. is not liable, as the issuance of the warrants was not an act done for him, but was an unlawful act of D.’s own devising.</p>