Foster v. Preston
New York Supreme Court
-A-SSUMPSIT for money had and received, tried at the Delaware circuit, November 21st 1826, before Betts, late Judge. The material facts proved, were, that one Jackson died e r ? J in the service of the United States, leaving a widow and children, who, by the laws of the United States, became entitled to money m lieu of bounty lands. The plaintiff . _ , .. J . . _ married J ackson s widow; and was appointed guardian of children.
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-A-SSUMPSIT for money had and received, tried at the Delaware circuit, November 21st 1826, before Betts, late Judge. The material facts proved, were, that one Jackson died e r ? J in the service of the United States, leaving a widow and children, who, by the laws of the United States, became entitled to money m lieu of bounty lands. The plaintiff . _ , .. J . . _ married J ackson s widow; and was appointed guardian of children. He employed the defendant to procure the money from the United States; for that purpose executing to him a power of attorney as guardian, he and his w^e J°™n§ ™ a…
1Opinion of the Court
Cuna, per Savage, Oh. J.
The points ruled by the judge, must be taken in reference to the facts of the case. *200Whether, *n general, the substitute is the agent of the attorney, and not the principal, we need not decide. The *substitute is certainly the attorney of the principal for some purposes. In this case, Van Zandt executed a release to the government, as the attorney of the plaintiff and his wife, which no doubt is valid and obligatory; and had he not forwarded the money to the defendant, he would be liable to pay it to the plaintiff. So far, therefore,. as the judge expressed an opinion…
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