3 Bradf. 277 | N.Y. Sur. Ct. | 1855
The decedent embarked from the city of Hew York for California, the twentieth of January, 1853, leaving his family here. He died the twenty-seventh of February next ensuing; and his wife having administered, an effort has been made on the part of his creditors to establish assets beyond the amount stated in the inventory. The parties and the witnesses are Italians, little conversant with our language, and having peculiar modes of transacting their humble business—which circumstances in conjunction with some conflict of testimony, render it somewhat difficult to ascertain the facts with precision. It is in proof, that the
The intestate before his departure sold a piano to B. Solari. The claimants allege, that fifty-nine dollars were due on this contract at the time of Porcella’s death; while the adminis
As to the sums received by her from Leveroni and Yiacari, before the news of her husband’s death, and as his agent under the authority he gave her to make collections during his absence for her support, the amount is of no great consequence, as in any event the widow would be entitled to her reasonable sustenance out of the estate for forty days after the decease of her husband. But the principle involved is an important one, and the question not without novelty and interest.
The general rule undoubtedly is, that the authority of the attorney or agent dies with the principal. A dead man can have no one acting in his name and by his authority. And although Justice Story in his treatise on Agency, shows that this proposition is not a universal one, yet the exceptional illustrations he gives, are of such agencies as are either coupled with an interest in the property, or are ordinarily administered in the name of the agent himself. In such cases, the powers are acted upon until notice of revocation. In Blades vs. Free, 9 Bar. & C. 167, where a man who for some years had cohabited with a woman passing for his wife, went abroad, leaving her and her family at his residence, and died abroad; it was held, that the executor was not bound to pay for any goods supplied to her after his death, although before information of his death had been received. On the other hand, in Smout vs. Ilbery, 10 Mees. & Welsb., where the deceased had been in the habit of dealing with the plaintiff for meat
The point urged by the counsel for the claimants, that ajudg