Stanton v. Thomas
New York Supreme Court
This was an action of assumpsit, tried at the Tioga circuit in September, 1838, before the Hon. Robert Monell, one of the circuit judges.
Read the full summary
This was an action of assumpsit, tried at the Tioga circuit in September, 1838, before the Hon. Robert Monell, one of the circuit judges. Thomas executed an instrument in writing under his hand and seal, whereby, after reciting that one James Lownsbury had, as was alleged and believed, debauched and gotten with child Polly Ferry, the daughter of the wife of Stanton, whilst she resided at the house of Thomas; and also reciting that Polly had since returned home to the house of Stanton, where she was likely to occasion him expense and trouble, Thomas authorized Stanton to prosecute Lownsbury in…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The only doubt I have entertained in the consideration of this case is, whether the suit should not have been founded upon the implied covenant growing out of the power of attorney. I agree to the opinion expressed by my brother Cowen, when this instrument was before him heretofore, 19 Wendell, 73, that upon fair construction it is a power coupled with an interest, and carries by implication the beneficial right of the cause of action, and was so intended by the parties. The reasons assigned for this view in the opinion referred to are full and entirely…
2Cases cited1 opinion
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
3Cited by5 opinions
- Crawford v. Linn CountyOregon Supreme Court · 1884
- Stein v. Mayor of MobileSupreme Court of Alabama · 1854
- Police Jury ex rel. New Orleans, Opelousas & Great Western Railroad v. Succession of McDonoghSupreme Court of Louisiana · 1853
- People ex rel. Griffing v. Mayor of BrooklynNew York Supreme Court · 1850
- People v. . FitchNew York Court of Appeals · 1895