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Attwood and others v. MUNNINGS.
7 Bol 2700 A power of ASSUMPSIT, by the plaintiffs as indorsees, against the attorney " for defendant as acceptor, of a bill of exchange. Plea, non me, and on my behalf, to assumpsit, and issue thereon. At the trial before Abbott, accept such
C. J., at the London adjourned Sittings after Michaelmas bills of
term, 1823, the plaintiffs had a verdict, damages 1,833l. ; exchange as shall be subject to the opinion of the Court upon the following drawn or
case : charged on me, by my The plaintiffs are bankers, carrying on business in agents or
London. The defendant was a merchant, engaged in excorrespondents, as occa- tensive mercantile business, and also in joint speculations sion shall require ;" autho- to a considerable amount with Thomas Burleigh, Messrs. rizes the attor- Bridges and Elmer, Samuel Howlett, and William Rothery. such bills only In the year 1815, the defendant went abroad on the partupon the prin- nership business, and remained abroad till after the bill, cipal by his upon which the action was brought, became due. While agents or cor
the defendant continued abroad, he executed two powers of respondents, in that cha
attorney, of which the following are copies : racter, and in respect of the
“I, G. G. H. Munnings, do make, &c., and in my private tran
stead put, &c., William Rothery, Thomas Burleigh, and sactions, and on the indivi- Sally Munnings, my wife, to be jointly, and either or any dual account, of them severally, my true and lawful attorney or attorneys, of the principal.
for me, and in my name, and to my use, to ask, demand, A power of attorney to
collect, get in, sue for, recover and receive, of and from all pay and re
companies, corporations, and bodies politic, and all and ceive money, buy and sell every person and persons soever in Europe, whom these lands, bring and defend
presents, and the matters and things herein contained do, actions, give shall, or may concern, all such sums of money, goods, and take releases, indorse wares, merchandizes, effects, properties, chattels, ships and and negotiate vessels, with their appurtenances, debts, claims, and debills of exchange pay
mands whatsoever, as now are, or hereafter shall become, able to the principal, and generally to perform all other affairs and concerns of the principal ; does not authorize the attorney to accept bills drawn on the principal.
accrue, and grow due, owing, and payable, or deliverable, and as do and shall appertain and belong unto me, upon or by virtue of any securities or security, whether of a specialty or simple contract nature, deeds, charter parties, bonds, bills of exchange, promissory notes, bills of lading, or policies of insurance, or as or for the purchase prices of any houses, lands or tenements, ships or vessels, goods, wares, or plerchandizes, or of any other things whatsoever, or for or by reason or account of merchandizing, trading, or dealing, or upon any other account, or in any other way or manner whatsoever or howsoever; or upon non-paymentor non-delivery thereof, or of any of them, or any part thereof, for me, in my name, and on my behalf, to have, use, and take all such lawful ways, means and proceedings, both at law and in equity, as shall be requisite or expedient, and advisable to enforce, compel, recover and retain payment and delivery of, or satisfaction for the same, and every part and parcel thereof, and for such purposes to institute, commence, and bring against all or any of the companies, &c., and persons aforesaid, all such actions and suits; and to sue, or cause to be sued forth, all such arrestments, attachments, sequestrations, and other proceedings, as shall be needful and advisable in the premises; and such actions, &c., and other proceedings, to prosecute to final judgment, decree, and execution, or otherwise conclude or terminate, as the nature and circumstances of the case may require, or they, the said attorneys, any or either of them, shall deem fit and proper. And also for me, and in my name and behalf, to appear to, withstand, defend, defeat, and overthrow, all such actions and suits as shall be instituted and commenced against me in any court or courts whatsoever, in Europe : and also to make up, adjust, liquidate, and finally settle all accounts and matters of account depending, and that shall be in dependence, between me and any other person or persons whatsoever, and the same accounts to close and subscribe, so as to authenticate the passing thereof, as the case may require, and to receive or
pay the balance of the accounts respectively. And also for
and in my name and behalf, to submit and refer any dispute or difference which may arise concerning any of my affairs, concerns, or dealings, or any matter or thing connected therewith, unto the award and determination of such arbitrator or arbitrators, or umpire, as my said attorneys shall approve of; and thereupon to execute such bonds of arbitration and deeds of reference as shall be requisite, to consent and agree that such submission may be made a rule of any court or courts, to enforce the fulfilment of any award or awards by the opposite party or parties, or fulfil such award on my part ; or if partial and unjust to oppose, contest, and set aside the same. And also upon payment and receipt or delivery of the sums of money, goods, &c. aforesaid, that are or shall be due, owing, and belonging, or shall be awarded unto me, or any of them, or any part thereof, for me, and in my name, and as my acts and deeds, to sign, seal, and deliver all such receipts, releases, acquittances and discharges, deeds and instruments, as shall be necessary; and if need be, to enter satisfaction on the record or records of any judgment or other proceeding which shall have been had or obtained for the recovery thereof, and even, if it shall seem most for my interest, to accept and take part for the whole of any such debts, &c. as aforesaid, or such composition, dividend, or share of any insolvent debtors' or bankrupts' estates, as can or may be had or gotten for the same, and thereon the same wholly to acquit, release, and discharge, or otherwise, as may seem most advisable. And also for me, and in my name, to indorse, negotiate, and discount, or acquit and discharge, the bills of exchange, promissory notes, or other negotiable securities, which are or shall be payable to me, and shall need and require my indorsement. And also for me, and in my name, to sell and dispose of my ship or vessel, called the Melantho, and all or any such ships or vessels, or parts or shares of ships or vessels, as I now am, or hereafter shall
or may be entitled unto, or interested in, unto such person or persons, and for such price or prices, as my said attorneys shall think fit and adequate; and upon such sales or sale, for me, and in my name, and as my acts and deeds, to sign, seal, execute, and deliver all such bills of sale, deeds, devices, conveyances, and assurances in the law, as shall be requisite and sufficient to convey and assure such ships or vessels, or parts or shares, &c., with all and singular the premises and appurtenances thereunto belonging, unto such purchaser or purchasers thereof, his or their executors, &c., for ever; and for me, and in my name, to indorse, sign, and subscribe all such memorandums and indorsements of transfer on the certificates of registry of such last-mentioned ships or vessels respectively, and to do all other such acts whatsoever as shall be necessary and sufficient for completing and confirming such sales and transfers. And also for me, either solely, or jointly with the other owners, as the case may be, to let to freight such ships or vessels as I now am, or hereafter shall or may be, interested in or entitled unto, unto such person or persons, for such voyages and services, and at such rates of freight, as may be deemed sufficient, and most to my interest. And also for me, and in my name, to hire and take to freight any ships or vessels, upon such voyages and adventures, and at such rates of freight, and upon such terms and conditions, as may be judged most for my interest, and for me, and in my name, and as my acts and deeds, to execute and deliver all charter-parties of affreightment, or other instruments, which shall, in either of the cases last mentioned, be necessary to be executed by me. And also for me, and in my name, and on my behalf, to make and effect, and cause to be made and effected, insurance on all or any ships, vessels, goods, wares or merchandises, which belong unto, or to be shipped or consigned by me, at such rates of premium as may be reasonable, and to pay such premiums on my account. And also for me, and in my name, and for my account and risk, to buy,
sell, barter, exchange, export, and import all goods, &c., and to trade in and deal in and with the same, in such manner as shall be deemed and considered most for my interest. And generally for me, and in my name, place, and stead, and as my act and deed, or otherwise, but to my use, to make, do, execute, transact, perform and accomplish, all and singular such further and other acts, deeds, matters, and things as shall be requisite, expedient, and advisable to be done, in and about the premises, and all other my affairs and concerns, and as I might or could do if personally acting therein, hereby, for the purposes aforesaid, giving and granting my full and whole power and authority in all and singular the matters aforesaid to the said W. R., T. B., and S. M., jointly and severallyCape Town, 18th May, 1816."
“I, G. G. H. Munnings, do make, &c., and in my stead put, &c., Sally Munnings, my wife, my true and lawful attorney, for me, and in my name, and on my account, to enter into and upon, and take possession of, all and singular the honors, manors, messuages, farms, lands, tithes and hereditaments, freehold, copyhold, and leasehold, whatsoever and wheresoever, to me belonging, or in any wise appertaining, or wherein or whereof I have any estate or inheritance, and to make sale of, or convey in exchange for other freehold, copyhold, or leasehold estates, any of my said freehold, copyhold, or leasehold estates, and particularly to make sale of three copyhold cottages, situate, &c., and also of the wharfs and premises, situate, &c., also of the estate at present inhabited by the said S. M., and the lands thereunto belonging, also of the great tithes of, &c., and also of the lease of a farm called, &c.; and tne
money arising from such sales, or on account of any exchange, to lay out and invest in other lands, &c., or on government or real securities, or otherwise, as she shall think fit; and to sign, seal, and execute, and as my acts and deeds to deliver, any deeds, conveyances, and assurances for conveying, either by way of absolute sale, or in