Page:Federal Reporter, 1st Series, Volume 8.djvu/372

358 fbdbraij eepoeter. �brother William, t6 paiy a debt due to the firm of which both were members, E. E. Glover was acting in a matter in which his own Personal interests were in conflict with the interests of the plaintiff. He was, as agent of the plaintiff, bound to proteot him, but in thus disposing of the vessel he was promoting his own interests by at- tempting to thus collect a debt due to his firm, and for which he was also individually accountable. �If enough could be realized from the sale to pay the claims of the firm against the plaintiff, it was for his interest to dispose of the property, although of much greater value, and a conflict of interest might arise which the law would not sanction. The suggestion that this vessel constituted all of the plaintiff's property, for two reasons is of no avail : First, it is not correct, as there was a large amount of insurance upon her for the plaintiff's benefit; and, second, if it had been all of his property, this power of attorney did not authorize the agent to thus dispose of it on that account, or because she was de- preciating in value. If the view thus taken by the court as to the authority thus conferred by this instrument is not correct, the sale of the brig was invalid for the further reason that any authority to dis- pose of this vessel which might once have existed under this power was revoked before the sale. On the twenty-ninth of September, 1878, the plaintiff wrote the firm from Dartmouth : �" I thiuk I must say something in regard to the brig, if she gets home all right, which in all probability she will, before I do. I don't know as you can do anything, before I get home, more than to take out the ballast and get her into a safe place; and I don't know any other safe place than the cove oppo- site your wharf. You can then take ofl all sails and running rigging, and moor with chains, and let the cook keep ship as 1 arranged with him." �The power of attorney, therefore, must be taken in connection with this letter, the same as if incorporated therein ; and there can be no doubt that if the same were found in the instrument itself, it must have restrieted and limited the authority of the agent, and he would have had no right afterwards to dispose of the brig, especially for the purpose of paying the claims against his brother, for which he was himself accountable. She was sent home for a special purpose ; had been bought shortly before by the plaintiff for about $2,000; and it is quite manifest from all of the correapondence that both members of the firm well understood that the object and inteut of the plaintiff in so purchasing her was to repair her. �No man, after reading this correspondence, could have supposed that the agent still had authority to sell the vessel without further ��� �