Muir v. Westcott

Citations

• 34 Wash. 463
• 75 P. 1107
• 1904 Wash. LEXIS 373

Syllabus

<p>Power of Attorney — Construction—Extent of Authority— Power to Sell Fixtures for Benefit of Creditors. A power of attorney from tbe owner of a bank authorizing an agent as attorney in fact to take charge of all property and effects of the principal, especially the properties known as said bank, to direct its policies, vote its stock, and, after specifically describing stocks and securities to be sold for the purpose of security for loans or advances, granting full authority to hypothecate, assign, and transfer any and all of the property above set forth, and to do all things advisable, in the discretion of the agent, whether the power is explicitly set forth or not, authorizes the sale of the safe and fixtures of the bank to a trustee for the benefit of its creditors.</p> <p>Same — Oral Evidence Explaining Written Power of Attorney. In such a case a cablegram to the attorney in fact directing him to take charge and make the best settlement for creditors possible, is not inadmissible as varying the terms of the written power, as it only tends to explain it, if any explanation was necessary.</p> <p>Appeal — Review—Harmless Error. The admission of immaterial evidence is harmless in a case tried de novo on appeal.</p>