Washburn v. Alden

Citations

• 5 Cal. 463

Syllabus

<p>General words in powers of attorney are limited and controlled by particular terms and designations.</p> <p>Where B authorizes A to do all acts in his name concerning their mining operations, followed by the authority to sign B’s name to any company articles, does not authorize A to sign B’s name to a promissory note, even where the money was used in carrying on their joint mining operations.</p> <p>The authority to sign his name in this particular instance, is a limitation upon what might otherwise be considered a general power.</p> <p>A defendant who has suffered default, is not a competent witness to prove that he was authorized by his co-defendant to sign his name to a note, as by so doing, he would reduce the amount of judgment against himself.</p>