White v. Hildreth
Superior Court of New Hampshire
Assumpsit. This case comes before us upon the following agreed statement of facts : The action was commenced before a justice of the peace, and judgment was there rendered in favor of the plaintiff, and the action carried to the court of common pleas for this county, by appeal from that judgment. The declaration contained two counts. The first was upon an account annexed to the writ. ■ That count was abandoned at the trial before the justice.
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Assumpsit. This case comes before us upon the following agreed statement of facts : The action was commenced before a justice of the peace, and judgment was there rendered in favor of the plaintiff, and the action carried to the court of common pleas for this county, by appeal from that judgment. The declaration contained two counts. The first was upon an account annexed to the writ. ■ That count was abandoned at the trial before the justice. The other count was upon a promissory note, made by the defendant, payable to one Joseph Ide, or order, on demand, and interest annually, and indorsed…
1Opinion of the CourtWoods, J.
The only question arising upon this case is, whether an attorney, who is employed to collect a note, by virtue of the employment alone is clothed -with authority to indorse the note which he is employed to collect, so as to enable a nominal party to maintain an action against the maker.
The extent of the authority incident to the office of an attorney, is a subject which has often come under the consideration of courts, under widely differing circumstances, and has been much discussed. An attorney who is employed to prosecute or defend an action, is a special agent. His authority is bounded…
2Cases cited5 opinions
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Pettingill v. McGregorSuperior Court of New Hampshire · 1841
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1816
- White v. SanbornSuperior Court of New Hampshire · 1833
- York Bank v. AppletonSupreme Judicial Court of Maine · 1840
3Cited by1 opinion
- Beliveau v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1894