Boord v. Strauss

Citations

• 39 Fla. 381

Syllabus

<p>1. The authority of an agent with power to execute negotiable instruments is confined to the making of such paper in the legitimate business of the principal or for his benefit, and does not extend to the making of a note in his principal’s name for the. benefit of, or as security for, a third person.</p> <p>2. The authority of an agent to execute negotiable instruments in the name of his principal will be held to be conferred only in those cases where it is expressly given, or where it is a necessary incident of the character bestowed upon the agent.</p> <p>3. An agent having the general control and supervision over all thaprincipal’s lands, including the power to prevent trespasses, and to collect and compound damages for trespasses or waste committed thereon, and to sell and convey the same, to ask, -demand, sue for, collect, receive and give acquittances for debts, including mortgages and rents due the principal, to institute, prosecute, appeal, defend discontinue or nonsuit all legal and equitable proceedings for or against his principal in respect of any goods, chattels, debts, demands or things whatsoever, and to employ counsel to assist the agent in these matters, is not thereby expressly or impliedly authorized to execute in the name of his principal a note to secure the debt of a third person.</p>