Cobb v. Wilson

Mississippi Supreme Court October 15, 1882

Cobb v. Wilson, 60 Miss. 343 (Miss. 1882)

Cooper

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

The demand of the appellees is not such as may be availed *345of as a set-off in this suit. Their right is to pursue the plaintiff in an independent action for the negligent performance by his intestate of the duties incident to his employment. Neither debt nor indebitatus assumpsit could be maintained; but resort must be had to a special action in the case. Collins v. Gronclore, 40 Ind. 414; Martin v. McAllister, 2 Yerg. 111; Gillett v. Mawman, 1 Taunt 137 ; LeLoir v. Bristow, Campb. 134.

Judgment reversed.

Reference

Full Case Name: J. H. Cobb, Administrator v. Wilson, Lees & Co.
Status: Published
Syllabus: Sbt-oI'I'. Assumpsit. Tort. In an action of indebitatus assumpsit, by a clerk against a store-keeper for the value of his services, the employer cannot set-off a demand for money lost from the cash drawer, owing to the clerk’s negligence.