Larson v. Hodge

Citations

• 100 Wash. 419
• 171 P. 251
• 1918 Wash. LEXIS 763

Syllabus

<p>Principal and Agent—Power of Attorney—Authority of Agent —Construction. Under a power of attorney authorizing general action in the settlement and collection of a claim secured by mortgage upon a boat and the right to sell the claim and execute any necessary instruments to that end, the agent, after bidding in the boat in the name of the principal at the mortgage foreclosure sale, has no further power to deal with or sell the boat, or to direct a sheriff’s return of the sale showing a sale to a third person.</p> <p>Sheriffs and Constables—Wrongful Return of Sale—Liability. Where, at a sheriff’s sale, the property was bid in by an attorney in fact, who had no power to sell the boat, in the name of the mortgagee, the sheriff is liable for the value of the boat where he made a return of sale to a third person, the agent absconding, whereby the mortgagee lost the boat.</p> <p>Judgment — Bar — Persons Concluded — Joint Tort Feasors. Where a chattel mortgagee, in whose name the property was bid in at foreclosure sale, was deprived thereof through the joint acts of the sheriff in making a bill of sale to a third person, and the act of such third person in accepting the bill of sale and retaining possession, they were joint tort feasors, who could be sued separately or jointly; and a judgment against one is not a bar to a suit against the other, nothing less than satisfaction being a bar.</p>