Thiel Detective Service Co. v. McClure

• Decision Date: 31 January 1906
• Docket Number: 1,449.
• Citation: 142 F. 952
• Parties: THIEL DETECTIVE SERVICE CO. v. McCLURE.
• Court: U.S. Court of Appeals — Sixth Circuit

142 F. 952

THIEL DETECTIVE SERVICE CO. v. McCLURE.

No. 1,449.

United States Court of Appeals, Sixth Circuit.

January 31, 1906

This was an action against Henry D. McClure, individually, and Henry D. McClure, as executor of Mary D. McClure, upon an account for services rendered and moneys expended at their request. Mary D. McClure was the mother of Henry D. McClure. She was a widow and an invalid. She was a stockholder in a small corporation known as the Anchor Roller Mill, making flour at Corydon, Ky. Henry D. McClure was a stockholder in the same corporation. Between them they owned one-half of the capital stock, which was $30,000, but how much of this one-half each owned is not shown. They were both directors but the mill was under management of C. L. King and C. E Harness; one being president and the other secretary and manager. The plaintiff is a Missouri corporation having its office in St. Louis. Its business, as shown by its charter was 'the investigation of crimes and offenses committed or suffered to have been committed; to cause the apprehension of criminals and offenders; to prevent the commission of crime and offenses contemplated; to guard and protect personal and real property and to look up testimony, facts and witnesses in matters of property, in matters of personal rights and legal proceedings.'

Not being satisfied with the management and results of the corporate business of the Anchor Roller Mills, Henry D McClure employed the services of the plaintiff to conduct an investigation into its affairs. The contention was that this employment was both for himself and his mother, the testatrix, March D. McClure, and there was evidence tending to show that he represented himself as acting for himself and his mother, and that he exhibited a power of attorney from his mother. That paper was in these words:

'Know all men by these presents: That I, Mary H. McClure, of Henderson county, Kentucky, do hereby name, constitute and appoint my son, Henry D. McClure, of the same county and state, my true and lawful and only agent and attorney in fact, with full power, right and authority for me and in my name to take charge of, manage and control all of my business relating to my personal estate, that is to sell and dispose of any personal property I may own whatsoever situated, and to collect and dispose of the proceeds thereof, to collect any and all debts due me, sign my name to checks on any bank account of mine, and execute and deliver any and all other papers for me and in my name that I myself could execute relating to my personal business and personal estate, save and except only that under this power my said agent and attorney cannot sell and convey real estate, but he may and can under this power rent out and lease any real estate for such term of years and upon such conditions as he may think best and to my interest, and I hereby ratify and confirm whatever my said agent and attorney may do for me and in my name in the premises.

'Witness my hand this April 21, 1903.

'Mary H. McClure.'

Pending the rendition of plaintiff's services, which extended over a period of several months, Mrs. McClure died. For the services so rendered the plaintiff presented an account aggregating $3,533.23. Henry D. McClure confessed judgment, but at the close of all of the plaintiff's evidence the court instructed the jury to find for the estate of Mrs. Mary H. McClure. This is now assigned as error.

Robert D. Vance, for plaintiff in error.

Before LURTON, SEVERENS, and RICHARDS, Circuit Judges.

LURTON Circuit Judge, after making the foregoing statement of the case, .

The case must turn upon the scope of the agency of Henry D McClure under the written letter of attorney heretofore set out. There ...