Hunt v. Rousmanier's Administrators
Supreme Court of the United States
^Appeal from the Circuit Court of Rhode Island. The original bill, filed by the appellant, Hunt, stated, that Lewis Rousmanier, the intestate of the defendants, applied to the plaintiff, in January 1820, for the loan of $1450, offering to give, in addition to his notes, a bill of sale, or a mortgage of his interest in the brig Nereus, then at sea, as collateral security for the repayment of the money.
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^Appeal from the Circuit Court of Rhode Island. The original bill, filed by the appellant, Hunt, stated, that Lewis Rousmanier, the intestate of the defendants, applied to the plaintiff, in January 1820, for the loan of $1450, offering to give, in addition to his notes, a bill of sale, or a mortgage of his interest in the brig Nereus, then at sea, as collateral security for the repayment of the money. The sum requested was lent; and on the 11th of January, the said Rousmanier executed two notes for the amount; and on the 15th of the same month, he executed a power of attorney, authorizing the…
1Opinion of the Court
MARSHALL, Ch. J.,
delivered the opinion of the court. — The counsel for the appellant objects to the decree of the circuit court oa two grounds. He contends, 1. That this power of attorney does, by its own operation, entitle the plaintiff, for the satisfaction of his debt, to the interest of Rousmanier in the Hereus and the Industry. 2. Or, if this be not so, that a court of chancery will, the conveyance being defective, lend its aid to carry the contract into execution, according to the intention of the parties.
1. We will consider the effect of the power of attorney. This instrument contains…
2Cases cited2 opinions
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