Page:Halsbury Laws of England v1 1907.pdf/385

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Part Y.

—Authority

of the Agent.

163

an estate authorise the donee to execute a deed as a voluntary but a power to borrow money on mortgage, though deficient in formahties necessary to authorise a vahd mortgage, may be A joint power given by sufficient authority to borrow money (e), husband and wife was not sufficient to authorise a deahng with a power to act as executrix separate estate coming to the wife (/) did not authorise the donee to bind the donor by accepting bills of a power to sue for debts and conduct exchange on her account (g) gift (d)



Sect.

2.

Construetion of Authority,





the business of the principal did not give authority to indorse bills of exchange in his name {k) nor did a power to demand, sue for, recover, and receive moneys, by all lawful ways and means whatsoWhat would give such an authoever, give such an authority (?). viz., the words "to sell, indorse, and assign" rity was decided A shipmaster's authority was held sufficient in another case {k). to empower him to assign the passage money of the ship (l), or to and the ship agent's authority was enter into a charter-party {m) An authority to held to enable him to dismiss the captain discount a bill includes authority to warrant it (0). ,

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Sub-Sect.

Written Authority.

2.

A

written authority is capable of extension either verbally Liberal inter354. or by conduct. Such an authority is not so strictly construed as P^^^^tion of one under seal, and regard is had to all the circumstances of the under hand, agency business {p). The ordinary full authority given in one part of the instrument will not be cut down because there are ambiguous and uncertain expressions elsewhere {q) but the document will be considered as a whole for the interpretation of particular words or directions (?•) When once an authority has been reduced into Interpretawriting, the interpretation of the written document is a matter of [j^^ of^j^w" law for the Court and not a question of fact for the jury (s). not fact. In the absence of express directions, the agent may exercise his Agent's disdiscretion so as to act in the best manner possible for his principal (t). cretion. Authority to act generally (whether conferred by writing or verbally) includes authority to instruct a solicitor {u). Agents authorised by letter of credit to draw up to a certain amount will bind the principal for bills in the hands of third parties

.

Be Boivles (1874), 31 L. T. 365, 366. Denyssen v. Botha (1860), 8 W. E. 710. (/) Kenrich v. Wood (1869), L. E. 9 Eq. 333. {g) Gardner v. BailUe (1795), 6 Term Eep. 591. {d)

(e)

& C. Ex. 394 Murray v. East India Snaith (1808), 1 Taunt. 347. Murray v. East India Co. (1821), 5 B. & Aid. 204. BanJc of Bengal v. Madeod (1849), 5 Moo. Ind. App. 1 Ba7iJ€ of Bengal v.

ih) Esdaile v. Co. (1821), 5 B. (?•)

(k)

La Nauze

&

(1835), 1

Aid. 204



Hogg

Y.



y.



Fagan

(1849), 5 Moo. Ind. App. 27. Willis V. Palmer (1859), 7 0. B. (N. S.) 340. (/) (m) Bouth V. Macmillan (1863), 2 H. C. 750. (n) Berwick v. Horsfall (1858), 4 0. B. (n. s.) 450, 460, 462. (o) Fenn v. Harrison (1791), 4 Term Eep. 177.

&

(i?)

{q) (r)

Pole V. Leask (1860), 28 Beav. 562. Pariente v. Lubhock (1855) 8 De G.

"May"

[Entioisle v. (s)

See

will,

if

Dent (1848),

title

tlie 1

M. & G. context so warrant,

Exch.

5.

"mubt"

be interpreted as

812).

Deeds and Documents.

Pariente v. Luhbock, supra. [u) Ex parte Frampton (1859),

[t]

1

See Tallentire v. Ayte (1884), De G. E. & J. 263.

1

T. L. E. 143.

M

2