Smith v. Tufts
Superior Court of New Hampshire
This was an action of assumpsit upon an. order drawn upon the defendant by Maxey Robbins, in favor of the plaintiff, and accepted by the defendant. The cause was tried upon the general issue, at February term, 1831, and a verdict taken by consent for $30, subject to the opinion of the court upon the following* case.
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This was an action of assumpsit upon an. order drawn upon the defendant by Maxey Robbins, in favor of the plaintiff, and accepted by the defendant. The cause was tried upon the general issue, at February term, 1831, and a verdict taken by consent for $30, subject to the opinion of the court upon the following* case. On the 23d April, 1827, Maxey Robbins, by deed, constituted Smith/the plaintiff', his attorney irrevocable, to receive from Tufts, the defendant, twenty dollars monthly, out of the wages that might at any time thereafter become due to Robbins for his services, In the employment of…
1Opinion of the Court
By the court.
We see no ground on which the defendant can be entitled to a new trial in this case, unless Robbins had a right to revoke the power of attorney given to the plaintiff, and the circumstance, that he has received from the defendant a part of the wages which the plaintiff was authorized to receive, may be considered as a revocation of the power, pro tanto. We think that the power of attorney may be considered as an order for the money, and the agreement of the defendant *4580n the back of the power as an acceptance of the order. But. we are of opinion, that the power of attorney could…
2Cited by1 opinion
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