Gilleland v. Failing
New York Supreme Court
Assumpsit, for money had and received, tried at the Montgomery circuit in May, 1845, before Willard, Cir. J. Plea, non-assumpsit.
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Assumpsit, for money had and received, tried at the Montgomery circuit in May, 1845, before Willard, Cir. J. Plea, non-assumpsit. The plaintiff’s testatrix, Magdalena Zimerman, had claimed title to an undivided part of certain lands of which her father died seized many years before; and on the 17th day of March, 1845, she executed to the defendant, who was her son-in-law, a power of attorney, under her hand and seal, as follows : “I hereby authorize and empower, Henry Failing, jun. of the town of Oppenhiem in the county of Montgomery, for me and in my name, and as my attorney, to demand the…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
It is not material to inquire in this cáse, how far, or in what respect, if at all, the old law of champerty and maintenance was abrogated or modified by the revised statutes; (Mott v. Small, 20 Wend. 212; S. C. 22 id. 403;) for if no change whatever was thus made, it would not follow' that' the power of attorney from the plaintiff’s testatrix to the' defendant, was illegal and void, as was held at the circuit. The defendant was her son-in-law, and his wife might become entitled to the land by descent from her mother; ii was, therefore, not illegal" for him to…
2Cases cited2 opinions
- Mott v. SmallNew York Supreme Court · 1838
- Campbell v. JonesNew York Supreme Court · 1830
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