Learning Resources, Inc. v. Trump · ¶96

Historically, a similar precept applied in agency law. As the leading early American treatise put it, instruments conferring powers of attorney were “ordinarily subjected to a strict interpretation.” J. Story, Commentaries on the Law of Agency 80–81 (2d ed. 1844). So, for example, in Attwood v. Munnings, 7 Barn. & Cress. 278, 108 Eng. Rep. 727 (K. B. 1827), a principal had delegated broad power to an agent to act “generally for him and in his name,” including in all things “as should be requisite, expedient, and advisable to be done in . . . his affairs and concerns, and as he might or could do if personally acting therein.” Id., at 279–280, 108 Eng. Rep., at 728 (internal quotation marks omitted). The agent then accepted certain debts on behalf of the principal. Id., at 280, 108 Eng. Rep., at 728. The question for the court was whether this action was within the scope of the agent's…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.