National Bank of the Republic v. Old Town Bank of Baltimore
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. Charles H. Horn and Wilson S. Horn, of the state of Ohio, J. M. 0. Horn, of the state of Washington, Clatonia Wright, of the state of Minnesota, and Mrs. Sidney K. Swander, of the state of Illinois, were each made legatees under the will of Joseph Horn, of Baltimore, in the state of Maryland; and each was also entitled, as heir at law, to share in the distribution of the estate.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. Charles H. Horn and Wilson S. Horn, of the state of Ohio, J. M. 0. Horn, of the state of Washington, Clatonia Wright, of the state of Minnesota, and Mrs. Sidney K. Swander, of the state of Illinois, were each made legatees under the will of Joseph Horn, of Baltimore, in the state of Maryland; and each was also entitled, as heir at law, to share in the distribution of the estate. These legatees and distributees employed one W. J. Fairman, an attorney at law in the city of Chicago, to represent them in any…
1Opinion of the CourtJenkins, Circuit Judge
The authority to collect and to receive from the executors the amount coming to the distributees included all the usual means of executing that authority with effect (Story, Ag. § 58), and all appropriate modes and reasonable modes are deemed to be within the scope of the authority conferred (Leroy v. Beard, 8 How. 451, 468, 12 L. Ed. 1151). The authority is limited to the particular subject, but should be construed to effectuate the design and object. The authority of an attorney in the course of a litigation and in the prosecution and collection of claims has been often considered, but the…
2Cases cited9 opinions
- Le Roy v. BeardSupreme Court of the United States · 1850
- Jackson v. BankTennessee Supreme Court · 1893
- Robinson v. . Chemical National BankNew York Court of Appeals · 1881
- Harbach v. ColvinSupreme Court of Iowa · 1887
- Clark v. RandallWisconsin Supreme Court · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Crahe v. Mercantile Trust & Savings BankIllinois Supreme Court · 1920
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Bailey v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- Texas Co. v. BriceCourt of Appeals for the Sixth Circuit · 1928
17 more not listed; retrieve them via the Exa API.