Campbell v. United States
United States Court of Claims
657 F.2d 1174 (1981)
- Written by Rich Walter, JD
Facts
Lionel Campbell executed a power of attorney in favor of his son. The day after a stroke mentally incapacitated Campbell, the son, aware of his father’s condition and acting as Campbell’s attorney-in-fact, used Campbell’s money to purchase a bond issued by the United States government (defendant). Campbell died 24 days later. In accordance with the son’s intention in buying the government bond, the executrix of Campbell’s estate (plaintiff) attempted to redeem the bond to pay Campbell’s estate tax. The government refused to accept the bond as payment, claiming that the bond was invalid because Campbell’s son bought the bond after Campbell’s mental incapacitation, thereby terminating the son’s right to act as his father’s agent. The executrix filed a claim for damages against the government in the United States Court of Claims.
Rule of Law
Issue
Holding and Reasoning (Friedman, C.J.)
What to do next…
Here's why 820,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
