City of New York v. Du Bois
U.S. Circuit Court for the District of Western Pennsylvania
This was an action by the mayor, aldermen, and commonalty of the city of New York and the city of Brooklyn against John E. Du Bois.
Read the full summary
This was an action by the mayor, aldermen, and commonalty of the city of New York and the city of Brooklyn against John E. Du Bois. A jury having been waived, the court made the following finding of facts: (1) On the 24th day of June, 1885, John Du Bois executed, and, on the 24th day of July, 1885, delivered to Thomas B. Farrington, a power of attorney, of which the following is a copy: “John Du Bois vs. The Trustees of the New York and Brooklyn Bridge, im-pleaded with the Mayor, Aldermen, and Commonalty of the City of New York and the City of Brooklyn. “In the Circuit Court of the United…
1Opinion of the Court
ACHESON, Circuit Judge.
It is not necessary to decide whether •or not the collateral papers of July 24, 1885, and June 10, 1886, ex-*895ecu ted by Tbomas JB. Farrington, have any binding force as against the plaintiffs. In the view I take of the case, they may be and are excluded from consideration. Putting them aside altogether, with what authority was Thomas 15. Farrington clothed? The utmost extent of his agency is to be found in the power of attorney of June 24, 1885. He had no other authority than is there defined. How, dearly, he was thereby constituted a special agent, empowered to do…
2Cited by1 opinion
- Pope v. WheatleyCourt of Appeals of Texas · 1932