Harrod v. McDaniels
Massachusetts Supreme Judicial Court
Contract against the administrator of Maria L. Nesmith, upon a promissory note, dated October 5, 1874, payable to the order of the plaintiff, one year after date, signed by George T. Comins, and indorsed, before delivery to the payee, “ M. L. Nesmith by Edward Hastings, attorney.”
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Contract against the administrator of Maria L. Nesmith, upon a promissory note, dated October 5, 1874, payable to the order of the plaintiff, one year after date, signed by George T. Comins, and indorsed, before delivery to the payee, “ M. L. Nesmith by Edward Hastings, attorney.” Writ dated February 19, 1879. Trial in the Superior Court, before Wilkinson, J., who ordered a verdict for the defendant; and the plaintiff alleged exceptions, the material parts of which appear in the opinion.
1Opinion of the CourtColt, J.
The name of Maria L. Nesmith, the defendant’s intestate, was signed to the note in suit by Hastings acting as her attorney in October 1874. In May 1873, she had given Hastings a power of attorney to collect and invest her money, to give notes in her name, to sell and convey personal property and real estate, and to prosecute and defend suits; with full power to manage all her estate, real and personal, during her absence from the United States. In August 1874, she returned from Europe to her residence in Lowell, where she remained until her death in 1876.
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2Cases cited2 opinions
- Foster v. RockwellMassachusetts Supreme Judicial Court · 1870
- Monitor Mutual Fire Insurance v. BuffumMassachusetts Supreme Judicial Court · 1874
3Cited by19 opinions
- Calkins v. Wire Hardware Co.Massachusetts Supreme Judicial Court · 1929
- Boice-Perrine Co. v. KelleyMassachusetts Supreme Judicial Court · 1923
- A. Blum Jr.'s Sons v. WhippleMassachusetts Supreme Judicial Court · 1907
- Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
- Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
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