Legal Opinion

Equitable Life Assurance Society v. Poe

Court of Appeals of Maryland

Decided January 28, 1880PublishedCited by 5 opinions

Appeal from the Baltimore City Court. On the 26th April, 1877, the appellant obtained judgment for the sum of $943.33, in the Superior Court of Baltimore City, against John M. Miller, of that city, as surety on the bond of John A. Busk, a former agent of the appellant. In the procuring of that judgment, Mr. E. J. D. Cross, who had been for some time the regular counsel, in Baltimore, of the appellant, acted as its' attorney.

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Appeal from the Baltimore City Court. On the 26th April, 1877, the appellant obtained judgment for the sum of $943.33, in the Superior Court of Baltimore City, against John M. Miller, of that city, as surety on the bond of John A. Busk, a former agent of the appellant. In the procuring of that judgment, Mr. E. J. D. Cross, who had been for some time the regular counsel, in Baltimore, of the appellant, acted as its' attorney. In September, 1878, the judgment against Miller had not been satisfied, though three attachments (two of which were then pending) and one fieri facias had been issued. In…

1Opinion of the CourtAlvey, J.

Assuming without deciding the contract sued on to be one that could be enforced, if made upc^n competent authority, the case turns upon the question whether the agent with whom the plaintiff dealt had authority from the defendants to employ the plaintiff upon the terms alleged, and as disclosed in proof.

It is clearly shown by the plaintiff himself that R. H. Mitchell possessed no general power as agent of the defendants to employ counsel to prosecute legal proceedings for them. Mitchell was, at the time of the alleged employment of the plaintiff, only a special agent of the defendants to…

2Cases cited2 opinions

  1. Schimmelpennich v. BayardSupreme Court of the United States · 1828
  2. Ferris v. WalshCourt of Appeals of Maryland · 1821

3Cited by5 opinions

  1. Coulter v. Portland Trust Co.Oregon Supreme Court · 1891
  2. Unsatisfied Claim & Judgment Fund Board v. FortneyCourt of Appeals of Maryland · 1972
  3. Clark v. People's BankCourt of Appeals of Maryland · 1920
  4. Hardwick Bros. v. KirwanCourt of Appeals of Maryland · 1900
  5. Read Drug & Chemical Co. v. NattansBaltimore City Circuit Court · 1916

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