Michigan Reports (Volume 61); Cases Decided in the Supreme Court of Michigan (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1888. Not illustrated. Excerpt: ... city of Jackson, and being a part of the estate of her late husband, John S. Hurd, deceased. The cases were tried in the Jackson circuit, before the court without a jury, and the facts and findings are the 6ame as those in the case of The Plaintiff v. John II. Bender, L. V. llurd, and Franklin L. Smith, ante, 608, except that the parcels of land are different, and the mortgage incumbrance in each case was wholly paid off before suit brought. The decision in that case necessarily rules these, and the judgment in each case will therefore be reversed, with costs, and a new trial granted. The other Justices concurred. Ellen V. Eaton V. William H. Knowles. Agency--Purchase by husband of a mortgage for his wife--And employment of solicitor to foreclose same--Ratified by wife's bringing suit for breach of covenant in assignment--And putting foreclosure proceedings in evidence in such suit--Such acts and ratification have no tendency to establish a general agency--Authority to compromise a claim--Not impliedfrom authority to collect it and receive payment--A solicitor employed to foreclose a mortgage--Has no power, in the absence of special authority, to compromise complainant's claim--For breach of a covenant of her assignor that a certain sum was due on the mortgage--Even though retained to prosecute a suit for such breach--Payments on non-negotiable securities to alleged agent--Person making, acts at his peril if papers not produced by such agent-- Unless lie can show actual payment to the principal--Or special aut/iority of agent to receive the money--Husband an incompetent witness, under How. Stat. see. 7546, to prove his right to compromise claim of wife--Which settlement she repudiates--Damages --Measure of in suit for breacli of covenant of assignor of mortgage ...