Page:Federal Reporter, 1st Series, Volume 6.djvu/129

 PHILADEIiPHIA, ETC., 00. V. SEVBNTH NAT. BANK. 117 �collection in the saidSeventh National Bank of PhUadelphia ; (3) to accept ail drafts or bills of exchange which may be drawn upon me, payable at Seventh National Bank of PhU- adelphia, and to do ail lawfal acts requisite for effecting these premises." And the plaintiff insista that the authority of Ervin, as agent of Morris in his dealings with the bank, was limited by the terms of this letter of attorney to the par- ticular matters therein specified, and that the pledge of the Wood notes was beyond the scope of the authority thereby conferred. �The master was of opinion that tbere was "no evidence that the officers of the bank had seen the letter of attorney at the time the notes were pledged;" and therefore he held that the bank was not to be afFected thereby, It is stren- uously urged that herein the master erred. But, if it be con- ceded that the bank was chargeable with knowledge of the contents of the letter of attorney, this does not, in my judg- ment, help the plaintiff's case under a,ll the evidence. The letter of attorney was executed under the following circum- stances : An officer of another bank brought to the president of the Seventh National Bank of PhUadelphia a draft accepted "Henry G. Morris per Alexander Ervin," and inquired if Ervin had authority so to accept, and whether the Seventh National Bank had his power of attorney. The president' of the bank then went to Morris and got froto him the letter of attorney of November 23, 1874, which was handed to the cashier. Now, the letter of attorney on its face shows that it relates to transactions involving the signature of Henry G. Morris, and I do not think it at ail inconsistent with a gen- erai agency in ail financial matters connected with the busi- ness of Morris, with which the evidence shows Ervin was in fact clothed both before and after the date of the letter of attorney. That Morris himself did not regard this letter of attorney es limiting the powers of Ervin, as now claimed By the plaintiff, or intend that it should have that effect, appears from what he said in answer to the following question in the course of his examination in this case: "Question, Then I understand from your testimony that, during the months of ��� �