Page:Federal Reporter, 1st Series, Volume 6.djvu/126

 114 ' FEDEBaL BEPOKTBR. ���Fhiladelphia Tbust, Safe Deposit & Ins. Co., Assignee, etc., V. Seventh National Bank op Philadelphia. �{District Court, W. D. Penntylvania. March9, 1881.) �1. Genebal Agenot— Power of Attornbt — Evidence. �If there is clear and satisfactory evidence f rom which a general agency may be inferred, a written power of attorney, conferring upon the agent certain specifie powers, will not be construed as restricting the authority of the agent to the particular matters therein specifled, if the power of attorney, in ita terms, is not exclusive nor inconsistent with Buch general agency. �2. Samb — Same — luNocBirT Pabtt. �The authority of an agent under a written power of attorney may • be impliedly expanded by the conduct of the principal in favor of an innocent third party, even where such party, when dealing with the agent, had linowledge of the written power. �3. Same— CoNTKAcr— EsiorPEii. �If such agent, who, with the knOwledge and acquiescence of his principal, has habitually exerciaed authority beyond the scope of the written power of attorney, enters into a contract with a third party, who was induced to believe by the conduct of the principal that he reposed trusts in the agent beyond those specifled in the written powet, the principal and his voluatary assignee wiU be estopped from deny- . Ing the validity of the contract, especially where it enured to the beneflt of the principal, and the other con,tracting party cannot be restored to his former position. �In.Equity. Sur Exceptions to Master's Eeport, �Henry J. McCarthy, Wm. A. Porter, and Wm. Scott, for Tiust Company. �Leonard R. Fletcker, John M. Kennedy, and J. H. BaMibin, for the Bank. - �AoHESON, p. J. This is an interpleader between the Philadelphia Trust Safe Deposit & Insurance Company, as- signee nnder a deed of voluntary assignment for the benefit of creditors of Henry G. Morris, as plaintiff, and the Seventh National Bank of Philadelphia, as defendant. The con- troversy relates to a composition dividend amounting to $8,020.43, payable under a composition agreement in bank- ruptcy made between James T. Wood, surviving Charles A. Wuod, deccased, bankrupts, and tbeir creditors. The divi- ��� �