1 Me. 231 | Me. | 1821
at this term delivered the opinion of the Court, as follows.
In this case two questions are presented for the consideration of the Court. 1. Is the deed declared on, the deed of the Pejep-scot proprietors ? 2. Admitting it not to be the deed of the Pe-jepscot proprietors, is it the deed of Josiah Little, the defendant?
Where a contract is entered into, or a deed executed in behalf of the government by a duly authorized public agent, and the fact so appears, notwithstanding the agent may have affixed his own name and seal, it is the contract or deed of the government, who alone is responsible ; and not of the agent. Unwin v. Wolseley, 1 D. & E. 674. Macbeath v. Haldimand, idem 172. Hodgson v. Dexter, 1 Cranch 345. Dawes v. Jackson, 9 Mass. 490. Sheffield v. Watson, 3 Caines 69. But the same rule does not obtain in relation to the agent or attorney of a private person or corporation. It seems to have been settled or recognized as law in Courts of justice byr judges, distinguished for their wisdom and learning, in successive generations, and under different governments, that in order to bind the principal or constituent, and make the instrument his deed, the agent or attorney must set to it the name and seal of the principal or constituent, and not merely his own. In the year 1614 it was resolved in Combes' case 9 Co. 76. that “when any has authority as an “ attorney to do any act, he ought to do it in his name, who
' This is not the case of a deed good in point of form but void for wrnnt of power in the person assuming to act as attorney. In such a case whether the attorney is bound by the instrument
New trial granted.
Note. The Chief Justice, having formerly been of counsel with the defend* ant, gave no opinion in this cause.