Elias v. Enterprise Building & Loan Ass'n

Citations

• 46 S.C. 188
• 24 S.E. 102
• 1896 S.C. LEXIS 48

Syllabus

<p>1. Agent. — Insanity.—If an agent act by authority of a power of attorney executed by his principal while insane, of which insanity the agent has notice, all acts by him thereunder are null and void as against his principal.</p> <p>2. Case Construed. — This case distinguished from Cathcart v. Sugenheimer, 18 S. 0., 123.</p> <p>3. Assignment — Insanity—Question for Jury. — In an action upon a note assigned by authority of a power of attorney, charged to be executed by the payee of the note while insane, the jury should be allowed to pass upon the validity of the claims, for the extinguishment of which the proceeds were used.</p>