Stokes v. Dewees

Citations

• 24 Pa. Super. 471
• 1904 Pa. Super. LEXIS 213

Syllabus

<p>Principal and agent — Power of attorney — Construction. ■</p> <p>All powers of attorney receive a strict interpretation, and the authority is never extended by intendment or construction, beyond that which is given in terms, or is absolutely necessary for carrying the authority into effect. Between two constructions, one of which enlarges the powers, and the other restrains them to the language used, the court will adopt the latter construction.</p> <p>Where a power of attorney authorizes the agent to enter security and become bail in the name of the principal and “to pledge ” certain real estate particularly described, and the agent' executes a judgment bond without restraining its effect to the properties named, and judgment is entered on the bond, the judgment is not void, but its lien and collection will be restricted to the properties named in the power of attorney.</p> <p>•The assignee of a bond takes it subject to every defense which the maker had against the assignor.</p>