Wapples-Platter Grocer Co. v. Kinkaid

Citations

• 86 Kan. 167
• 119 P. 537
• 1911 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Attorney in Fact — Authority to Execute Notes. The defendant,- who had been a contractor, and who had purchased supplies on credit to enable him to carry on his contract, had money owing to him on the work done, and he owed several parties for supplies by whom a number of garnishment proceedings -had been begun. Having removed to a distant place he executed a power of attorney authorizing his agents to “settle, negotiate and sign and release any and all indebtedness due me or due by me, . . . and to negotiate and settle with” (certain.parties, naming them), adding that he gave his attorneys “full power to do everything whatsoever requisite and necessary to be done in the premises as fully as I could if personally present.” In the settlement made by the attorneys the money received for work done, being insufficient to satisfy all claims against him,' was apportioned among his creditors and notes were given by the attorneys for the unpaid indebtedness; held,' under the circumstances of the case, that the attorneys in fact had authority to execute the notes given in the settlement.</p>