Hawxhurst v. Rathgeb

BEATTY, C. J., concurring.

Considering the terms of the order denying a new trial, I should feel bound to hold it erroneous if I thought that the power of attorney from Eathgeb to Eoyce—assuming it to be genuine—conferred any authority to hypothecate the mortgages as security for borrowed money. But I am satisfied that the power of attorney, though genuine, •conferred no such authority, and upon that ground I concur in the judgment of affirmance.

Hearing in Bank denied.