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Williams v. Dugan

105 N.E. 615 (1914)

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Williams v. Dugan

Massachusetts Supreme Judicial Court

105 N.E. 615 (1914)

Facts

Bessie Dugan (defendant) granted Edward Dugan broad powers of attorney in writing with respect to her real estate holdings. The powers of attorney did not express a general power to borrow money, only to execute promissory notes related to the execution of mortgages. Williams (plaintiff) lent money to Edward to pay taxes owed by Bessie. Williams received a promissory note signed: “Bessie Dugan, by Edw. Dugan, Atty.” in exchange for $375 to be used for Bessie’s taxes. Williams sought to recover from Bessie under the theory of actual authority. The lower court ruled in favor of Williams. Bessie appealed to the Massachusetts Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Ruggs, C.J.)

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