Address of Amos Kendall to the Committee On Indian Affairs of the House of Repr
Address of Amos Kendall to the Committee On Indian Affairs of the House of Repr
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It had from time immemorial been the established law in England and the United States, that a Power of Attorney coupled with a contract as security for money lent or compensation for services rendered, is irrevocable. Our own Supreme Court in the case of Hunt vs. Rousmanier, found in 8th Wheaton's Reports, pages 201- 2, held the following language, viz : " The general rule is, that a letter of attorney may at any time be ' revoked by the party who makes it, and is revoked by his death. ' But th...is rule, which results from the nature of the act, has sus- 11 tained some modification. Where a letter of attorney forms a part ' of a contract, and is security for money, or for the performacc of 13 any act which is deemed valuable, it is generally made irrevoca- 4 ble in terms, or, if not so. Is deemed irrevocable in law. Although 4 a letter of attorney depends from its nature on the will of the per- 4 son making it, and may in general be revoked at his will; yet, if 1 he binds himself for a consideration in terms, or by the nature of ' his contract, the law will not permit him to change it.
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To quickly assess the difficulty of the text, read a short excerpt:
It had from time immemorial been the established law in England and the United States, that a Power of Attorney coupled with a contract as security for money lent or compensation for services rendered, is irrevocable. Our own Supreme Court in the case of Hunt vs. Rousmanier, found in 8th Wheaton's Reports, pages 201- 2, held the following language, viz : " The general rule is, that a letter of attorney may at any time be ' revoked by the party who makes it, and is revoked by his death. ' But th...is rule, which results from the nature of the act, has sus- 11 tained some modification. Where a letter of attorney forms a part ' of a contract, and is security for money, or for the performacc of 13 any act which is deemed valuable, it is generally made irrevoca- 4 ble in terms, or, if not so. Is deemed irrevocable in law. Although 4 a letter of attorney depends from its nature on the will of the per- 4 son making it, and may in general be revoked at his will; yet, if 1 he binds himself for a consideration in terms, or by the nature of ' his contract, the law will not permit him to change it.
What to read after Address of Amos Kendall to the Committee On Indian Affairs of the House of Repr?
You can find similar books in the "Read Also" column, or choose other free books by Amos Kendall to read onlineMoreLess
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