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Born v. Simmons

Born v. Simmons, 36 S.E. 956 (Ga. 1900)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
August 8, 1900
Judges
Simmons
Citations
36 S.E. 956111 Ga. 8691900 Ga. LEXIS 860
Summary
Complaint. Before F. F. Juhan, judge pro hae vice. City court of Gwinnett. July term, 1899.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Simmons

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Simmons, C. J.

By a power of attorney which authorizes the agents “to transact all such business as I may not be able to attend to in person, to take charge of and attend to the collection of all my outstanding debts, ... to look after the collection of rents, make division of crops with tenants, make such compromises and settlements as, in their judgment, is for my interest, make sale of such property as I may desire to dispose of from time to time, and generally to do and perform all acts that I might do were I in good health ; and, for this purpose, . . to sign my name to bonds, receipts, and such other papers as may be necessary in the transaction of the business heretofore set forth,” the agents are not given power to purchase mules and wagons and give promissory notes therefor. The general words in the power must be construed with reference to the specified objects to be accomplished and limited by the recitals made in regard thereto. Mechem, Agency, §§306-308; Claflin v. Continental Works, 85 Ga. 27 , and cases cited.

Judgment reversed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1902: 11905: 11918: 11923: 11933: 11934: 11935: 21937: 119022026peak 1935 · 2

Relies on it most ⓘ

  1. Hargrove v. Armour Fertilizer Works120 S.E. 800 (Ga. Ct. App. 1923)
  2. State v. Regents of the University System175 S.E. 567 (Ga. 1934)
  3. Martin v. McLain180 S.E. 510 (Ga. Ct. App. 1935)
  4. Cocke v. Bank of Dawson180 S.E. 711 (Ga. 1935)
  5. Johnson v. Johnson193 S.E. 345 (Ga. 1937)
  6. Farmers Warehouse Co. v. Butts97 S.E. 200 (Ga. Ct. App. 1918)

Most recent

  1. Johnson v. Johnson193 S.E. 345 (Ga. 1937)
  2. Cocke v. Bank of Dawson180 S.E. 711 (Ga. 1935)
  3. Martin v. McLain180 S.E. 510 (Ga. Ct. App. 1935)
  4. State v. Regents of the University System175 S.E. 567 (Ga. 1934)
  5. Touchstone v. Gormley172 S.E. 335 (Ga. 1933)
  6. Hargrove v. Armour Fertilizer Works120 S.E. 800 (Ga. Ct. App. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Claflin & Co. v. Cont'l Jersey Works, 11 S.E. 721 (Ga. 1890) 25

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