Frost v. Wood
Supreme Court of Connecticut
THIS was an action of assumpsit on a promissory note of the following tenor : “ Six months after date, I promise to pay Zebulon Frost, or order, two hundred and fifty-one dollars, value received, with interest. “ City Hartford, 19th May, 1814. “ For Benjamin Wood, “ Mner M. Warriner.” The plaintiff claimed, that the note was given for money borrowed for the defendant’s use.
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THIS was an action of assumpsit on a promissory note of the following tenor : “ Six months after date, I promise to pay Zebulon Frost, or order, two hundred and fifty-one dollars, value received, with interest. “ City Hartford, 19th May, 1814. “ For Benjamin Wood, “ Mner M. Warriner.” The plaintiff claimed, that the note was given for money borrowed for the defendant’s use. The only evidence of Warriner’s authority to bind the defendant, was contained in the following letter of attorney, executed by Wood : “ This may certify, that I, Benjamin Wood, of the city and county of Hartford, state of…
1Opinion of the Court
Swift, Ch. J.
The question is as to the extent of the power of attorney. This gave it special authority to purchase articles for the cotton factory, with an agreement to be responsible for all contracts for machinery and cotton for the factory, and a general power of agency. Such power must be construed according to the apparent intent of the parties, so as to accomplish the object contemplated. No express power is given to borrow money. If that should become necessary, to perform the duty of the. agency, it will be implied. Indeed, an unqualified power to purchase, must imply the power to…
2Cited by3 opinions
- Knapp v. Tidewater Coal Co.Supreme Court of Connecticut · 1912
- Hovey v. MagillSupreme Court of Connecticut · 1818
- Cummins v. HolmesAppellate Court of Illinois · 1882