Gould v. Bowen
Supreme Court of Iowa
Appeal from Delaware District Court. Action in detinue for a promissory note. The defendants claim title to the note under an indorsement thereof by S. O. Bowen, as attorney in fact for the plaintiff under a power of attorney. The defendants offered the power of attorney in evidence, for the purpose of proving the authority of the defendant S. O. Bowen to indorse and transfer the note to his co-defendants.
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Appeal from Delaware District Court. Action in detinue for a promissory note. The defendants claim title to the note under an indorsement thereof by S. O. Bowen, as attorney in fact for the plaintiff under a power of attorney. The defendants offered the power of attorney in evidence, for the purpose of proving the authority of the defendant S. O. Bowen to indorse and transfer the note to his co-defendants. It was objected to on the ground that it was immaterial, and that it conferred no such authority. The court overruled the objection and admitted the evidence, and this ruling is the only…
1Opinion of the CourtCole, J.
Power of attorney: transfer of promissory note. — The material parts of the power of attorney under which the defendants claim the authority was given to transfer the note in controversy, are as follows: “Bor me and in my place and d stead, to sell, convey and dispose of any and all property both personal and real, which I have or may have in Delaware county, Iowa, and give in my name any bill of sale that may be necessary, of personal property, and in my name to give a warranty deed or otherwise for any of my real estate sold, and to collect in my name any money now or hereafter to become…
2Cases cited1 opinion
- Whiting v. Western Stage Co.Supreme Court of Iowa · 1866
3Cited by3 opinions
- White v. FurgesonIndiana Court of Appeals · 1902
- Porges v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Hammond v. HayesDistrict Court, D. Alaska · 1947