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HOLLY v. MISSIONARY SOCIETY

No. 138.

180 U.S. 284 (1901)

21 S.Ct. 395

45 L.Ed. 531

HOLLY v. MISSIONARY SOCIETY OF THE PROTESTANT EPISCOPAL CHURCH.

Supreme Court of United States.

Decided February 25, 1901.

Attorney(s) appearing for the Case

Mr. John G. Johnson for Holly. Mr. Matthew Verner Simpson and Mr. Cephas Brainerd were on his brief.

Mr. Julien T. Davies for the Missionary Society. Mr. Herbert Barry was on his brief.

MR. JUSTICE SHIRAS, after making the above statement, delivered the opinion of the court.

This is a case in which a court of equity is called upon to decide upon which of two innocent parties is to fall a loss caused by the dishonesty of a third person. The relation that existed between Thompson and the Missionary Society was that of executor and legatee; between Thompson and Holly, that of attorney and client. As between...

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