Washburn v. Alden
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco County. The action was brought upon a promissory note, of which the following is a copy : $500. Grass Valley, April 24, 1851. One day after date, we jointly and severally agree to pay Mowry W. Smith, or order, the sum of five hundred dollars, value received. Simon B. Hunt, Solomon E. Alden, By his Attorney, Simon B. Hunt, Lloyd Minturn.
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Appeal from the District Court of the Twelfth Judicial District, San Francisco County. The action was brought upon a promissory note, of which the following is a copy : $500. Grass Valley, April 24, 1851. One day after date, we jointly and severally agree to pay Mowry W. Smith, or order, the sum of five hundred dollars, value received. Simon B. Hunt, Solomon E. Alden, By his Attorney, Simon B. Hunt, Lloyd Minturn. The note was endorsed by Smith without recourse, and transferred to the plaintiff. Hunt suffered a default, and Alden answered, denying the execution of the note, and alleging that…
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
This is an appeal from an order setting aside a judgment of nonsuit, and granting a new trial. It does not appear from the record upon what ground the judgment was set aside, and we are therefore led to the conclusion, that it must have been in consequence of some supposed error committed on the trial.
It is a familiar principle, that general words in powers of attorney are limited and controlled by particular terms and designations. The authority granted by B to A, “ to do all acts in his name, concerning their mining operations,” followed by the authority to sign…
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