Feltus v. Swan
Cases that cite this one
8 later published cases cite this decision.
- Mims v. Frady (District Court, N.D. Mississippi 1978)
- E. H. Emery & Co. v. American Reprigerator Transit Co. (Iowa 1921)
- Minor v. Dockery (Miss. 1921)
- Mullican v. Meridian Light & Ry. Co. (Miss. 1920)
- Gloster Lumber Co. v. Wilkinson (Miss. 1918)
- Lough v. John Davis & Co. (Wash. 1902)
- Steinhauser v. Spraul (Mo. 1895)
- Burns v. Pethcal (New York Supreme Court 1894)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
The appellee being a mere agent was not liable for an omission of duty except to his principal. Story on Agency, §§ 308, 309; Wharton on Agency, §§ 535, 536 ; Dunlap’s Paley’s Agency 396.
The proposed amendment would not have made the declaration good, for whatever motive operated on the agent, the charge against him was only that he had failed to do, and not that he had done anything maliciously, and for nonfeasance or omission to act at all the agent is answerable only to his employer.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.