State ex rel. Ranstead v. Banks

Baktol, O. J., delivered the opinion of the Court. This suit was brought by the appellant against the appellees upon an injunction bond. It appears that on the 7th day of September 1874, am application was 'made to the Circuit Court of Baltimore City, in the name of Daniel B. Banks, for an injunction' to restrain the appellant, Ranstead,-from the continuance of certain acts of alleged trespass, &c. to the property of the complainant, D. B. Banks. The injunction was issued, but upon final hearing was dissolved.

The order granting the injunction required Daniel B. Banks to execute an injunction bond in the penalty of Jive thousand dollars,- and this bond is the cause of action in the present suit. The bond was not signed by Daniel B. Banks, but was executed in his name by Andrew D. Banks “ as his attorney in fact” and by Andrew as surety. - At the trial below the appellant offered the bond in evidence, and also offered in evidence a power of attorney from Daniel B. to Andrew D. Banks, dated April 4th, 1873. The appellees objected, the Court sustained the objection and refused to admit the bond in evidence ; this ruling forms the subject of appellant’s first bill of exceptions. The second hill of exceptions was taken to the exclusion by the Court of the proceedings in the equity, and law suits .between the parties, offered in evidence 'by the appellant.

The main question presented by the appeal arises upon the construction of the power of attorney. This instru ⁵¹⁹ ment is very broad and comprehensive, conferring almost unlimited powers upon the attorney to act for and in the name of the principal in all matters relating to the management, and disposition of his business and property. After enumerating the powers to sue for, collect and receive all moneys due the principal, and to give discharges therefor, to draw and accept drafts and bills of exchange, to sell and transfer stock, to receive all dividends that may become due thereon; the instrument contains these words “ and in all other lawful respects to act as my general agent and attorney in such matters, as are not hereinbefore particularly recited including therein especially full power and authority in my name and as my said attorney to execute, acknowledge and deliver all deeds, conveyances and leases of any or all of my real or leasehold estates,” &c. * * * * “ giving and hereby granting unto my said attorney, full power and authority in and about the premises and to use all due means, course and process in the law for the full, effectual and complete execution of the business aforedescribed, * * * * and for the premises to appear and the person of me the