Levi Woodbury

Name: Le Roy v. Beard — Opinion of the Court
Author: Levi Woodbury

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“Le Roy v. Beard — Opinion of the Court”, is a work by Levi Woodbury. It explores elements such as plaintiff, Le Roy and defendant.

Quotes from Le Roy v. Beard — Opinion of the Court (Levi Woodbury)

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ That any instrument, to which the person making the same shall affix any device by way of seal, shall be adjudged and held to be of the same force and obligation as if it were actually sealed.'
The counsel for the defendant then prayed the court to instruct the jury, among other things, that no action can be sustained against the defendant in this suit, because the power of attorney executed by the defendant to Elisha Starr, did not authorize Elisha Starr to warrant the title of the defendant to any lands which might be sold by him under said power of attorney. ”

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Source: Wikisource

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ Le Roy resided in New York, and Starr was to act as his attorney in buying and selling lands in the 'Western states and territories,' and this very sale was as remote as Milwaukie, in Wisconsin. For aught which appears, Le Roy, Beard, and Starr were all strangers there, and the true title to the soil little known to them, and hence they would expect to be required to give warranties when selling, and would be likely to demand them when buying.
The usages of this country are believed, also, to be very uniform to insert covenants in deeds. ”

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Source: Wikisource

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ II. The form of action, being in assumpsit, was right: an action of covenant could not have been sustained in the state of New York.
The first count is special, founded on the instrument of conveyance. The second is also special, but more general, and the third contains the common money counts.
The instrument of conveyance executed by Le Roy's agent, has the form and language of a deed with covenants, but has no seal, a scroll being used in place of a seal. ”

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Source: Wikisource

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ That the language above quoted from the power of attorney is sufficient to cover the execution of such a covenant would seem naturally to be inferred, first, from its leaving the terms of the sale to be in all respects as Starr shall deem most advantageous. 'Terms' is an expression applicable to the conveyances and covenants to be given, as much as to the amount of, and the time of paying, the consideration. ”

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Source: Wikisource

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ The covenants, or security as to the title, would be likely to be among the terms agreed on, as they would influence the trade essentially, and in a new and unsettled country must be the chief reliance of the purchaser. ”

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Source: Wikisource

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ We have already shown, that, under all the circumstances, a covenant of warranty here was not only usual, but appropriate and reasonable.
Again, 'all powers conferred must be construed with a view to the design and object of them.' 1 J. J. Marsh. (Ky.) , 287. Here that design was manifestly in the discretion of the agent, to sell as he might deem most advantageous. Again, if a construction be in some doubt, not only may usage be resorted to for explanation, (Story on Agency, p. 73; 5 T. R., 564) , but the agent may do what seems from the instrument plausible and correct ”

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Source: Wikisource

Levi Woodbury, Le Roy v. Beard — Opinion of the Court

“ Mr. Justice McLEAN dissented.
This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the Southern District of New York, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this court, that the judgment of the said Circuit Court in this cause be, and the same is hereby, affirmed, with costs, and damages at the rate of six per centum per annum. ”

Levi Woodbury

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