Jones' adm'r v. Commercial Bank
Court of Appeals of Kentucky
Case 84 — EQUITY— APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. Neither the E. and P. R. R. Company nor the Commercial Bank relied upon the power of attorney, nor acted with any regard to it, and the bank had no right to regard it. 2. The bank should have clearly proven Johns' agency to draw money before they can be protected by it, and the nature and extent of it.
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Case 84 — EQUITY— APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. Neither the E. and P. R. R. Company nor the Commercial Bank relied upon the power of attorney, nor acted with any regard to it, and the bank had no right to regard it. 2. The bank should have clearly proven Johns' agency to draw money before they can be protected by it, and the nature and extent of it. (Story on Agency, secs. 51 and 61 to 71, inclusive, secs. 72, 78, 87, 88, 89, 92, 98, 99, 100, 104; 6 Monroe, 87, 93, 580, 571; 4 Littell, 436 Story on Agency, secs. 106, 430, 413; 1 Bibb, 610; 6 Cushing, 117; Morse on Banking,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
On the 9th of February, 1872, A. S. Jones died intestate, leaving a widow, S. R. Jones,-and two daughters, his only heirs at law, Mrs. Isabella Grief, wife of J. V. Grief, and Fannie Johns, wife of John Johns. At the time of the death of A. S. Jones he had an unfinished contract with the Elizabethtown and Paducah Railroad Company to construct a portion of its road, and on the 12th of February, 1872, Mrs. S. R. Jones, Isabella Grief, J. V. Grief, Fannie Johns, and John Johns executed and acknowledged a power of attorney, authorizing John Johns to…
2Cited by3 opinions
- Massie v. PaulCourt of Appeals of Kentucky (pre-1976) · 1936
- Bedford-Bowling Green Stone Co. v. OmanU.S. Circuit Court for the District of Western Kentucky · 1904
- Campbell v. MimsCourt of Appeals of Kentucky · 1914