Page:Federal Reporter, 1st Series, Volume 8.djvu/369

 GLOVER V. AMES. 365 �attoinay at Eockland, for that purpose. Hall informee! ;hiin that an attachment of the brig would be attended with considerable expense, and that E. K. held a power of attomey from the plaintiff which had , been drawn by Hall some years previously, and which authorized E. K. Grlover to dispose of the vessel. �This instrument was executed October 22, 1867, by Charles, who thereby constitutes E.K. Glover his attomey "to transact any and all business in relation to my property and interest, to sell, transfer, and deliver such of my property to Buch persons and for such sums and on such terms as to him, my said attorney, may appear proper and expedi- ent, and to make and execute all necessary bills of sale and acquittances theref or, to collect any and all debts or sums of money due me, and to receipt therefor as fully and with the same effect as I might myself dp. " This instrument was sealed, acknowledged, and recorded. Charles testifies that at the time this paper was executed by him he was bound to sea; and, as he would be absent much of the time, this paper was given E. K. Glover, so that he could at any time dispose of any property for him, if he should instruct E. K. Glover so to do, but that he was not to act under the power unless specially directed.. This is denied by E. K. Glover, who asserts that there was no re- striction or limitation whatever of his authority under this instru- ment. E. K. Glover, as attorney for Charles, in 1871, by virtue of this power of attorney, conveyed two lots of land in Eockland, but Charles says that the limit at which they should be sold was fixed by him. E. K. Glover, in behalf of the plaintiff, also efifected insurance upon the brig at varions times, executing notes for the premium in the name of the plaintiff, and through the firm he provided support for Charles' wife in his absence; and in November, 1879, by a written notice to E. K. Glover, the plaintiff revoked all the authority con- ferred upon him by this instrument. �Being advised by Hall that he could legally sell the brig under this power of attomey, E. K. Glover inquired of various parties interested in shipping as to the value of the brig, and April 14, 1879, he sold her to his brother, W. H. Glover, for $2,175, which was paid by his, note, and the amount was credited to the plaintiff upon the books of the urm. This amount was the full cash value of the brig in her then condition, and the plaintiff could not in any way have realized for her any larger amount. The reasons assigned for selling the vessel at that time are — First, that William, in behalf of the firm, threatened to attach the vessel unless she was sold and the amount ��� �