Party, without any charge, any and all leases of all offices, or sales rooms, then used, or occupied, by the Second Party, in connection with the conduct of the sales agency herein provided for; and, upon demand of the First Party, shall sell to the First Party all of the furnishings and other equipment in any such office, or place of business, at cost, minus a deduction for depreciation, at the rate of twenty (20%) per cent for each year's use thereof, or for use during any part of a year; and, in any such event, the Second Party shall, upon the demand of the First Party, surrender and deliver to the First Party all files, correspondence and papers relating to the business of the sales agency herein granted to the Second Party. 20. That, contemporaneously with the execution of this agreement, and as security for the due and proper performance upon the part of the Second Party of all the terms and conditions herein to be performed by him, the Second Party shall deposit with the First Party the sum of fifteen thousand ($15,000) dollars, and the Second Party may draw upon said fund not to exceed the rate of ten (10%) per cent, during each month that this contract shall be in full force and effect; but, if this contract shall be cancelled, before the whole of said deposit shall be withdrawn by the Second Party, the First Party shall refund to the Second Party the balance of the deposit then in the possession of the First Party. 21. That, if the Second Party shall comply with all of the terms and conditions of this agreement, then, and in that event, this contract shall continue in full force and effect from year to year, and, upon the termination of this contract, by either party, the Second Party shall make no claim, or claims, of any nature whatsoever, except for commissions due on accepted sales and for the balance of any moneys then on deposit with the First Party. IN WITNESS WHEREOF, the First Party has signed this agreement, by its President, thereunto duly authorized, and has caused its corporate seal to be hereunto affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year first above written. (Seal) Attest: John Doe Corporation, John Jones, Secretary. Richard Roe (L.S.). No. 356. Agreement of owner of real estate retaining attorney upon contingent basis, to recover award in condemnation pro I, the undersigned, being the owner of property affected by the opening of Whiteacre Avenue, in the Borough of Manhattan, New York City, hereby authorize you to represent my interests before the Commissioners of Estimate and Assessment in such proceeding, and elsewhere; and I hereby employ you to take all necessary proceedings to secure for me as large an award as possible for the land and buildings belonging to me, which are, or may be, taken in the course of such proceeding. I hereby agree to pay you, for your services, ten (10%) per cent of any award that may be obtained by me, for said lands and buildings, or any part thereof; provided, however, that you shall be entitled to receive no compensation for any services performed by you, if no award shall be made to me. Yours very truly, I hereby accept the above retainer. Richard Roe. No. 357. No. 371⁄2 Broadway, Power of attorney to execute commercial paper." KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, do hereby constitute Adapted from Martin v. Camp (1916), 219 N. Y. 170, 114 N. E. 46; reargument denied (1916), 219 N. Y. 627, 114 N. E. 1072. Cf. Porges v. U. S. Mortgage, etc. Co. (1911), 203 N. Y. 181, 96 N. E. 424; Bank v. Hay (1906), 143 N. C. 326, 55 S. E. 811. and appoint Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City, my true and lawful attorney, for me, and in my name, (a) To make, execute, endorse, accept, and deliver, any and all bills of exchange, checks, drafts, notes and trade acceptances; and (b) To demand, sue for, recover, and receive of, and from, any person, firm, or corporation, all sums of money, which may become due, or payable, to me, by virtue of any bill of exchange, check, draft, note, or trade acceptance, so made, executed, endorsed, accepted and delivered for me, and in my name, by my said attorney; and (c) To pay all sums of money, which shall, at any time, or times, hereafter be owing by me, upon any such bill of exchange, check, draft, note, or trade acceptance, so made, executed, endorsed, accepted and delivered for me, and in my name, by my said attorney; and (d) To appear, answer and defend any and all suits whatsoever, which shall be commenced against me upon any such bill of exchange, check, note, draft, or trade acceptance, so made, executed, endorsed, accepted and delivered for me, and in my name, by my said attorney; and (e) In such manner as my said attorney shall think fit, to adjust, compromise, submit to arbitration, and settle, any claim, or suit, which hereafter shall, or may, be pending against me upon any such bill of exchange, check, draft, note, or trade acceptance, so made, executed, endorsed, accepted and delivered for me, and in my name, by my said attorney; and (f) Generally, to do, execute and perform any and all acts and deeds, which my said attorney may deem necessary, or expedient, in, or about, the premises. And I, the said John Doe, do hereby ratify all that my said attorney may lawfully do, or cause to be done, in, or about, the premises, by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). No. 358. Power of attorney to collect debts of a business. KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, do hereby constitute and appoint Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City, my true and lawful attorney, for me, and in my name, (a) To demand, receive, sue for, and collect, all claims, debts, moneys and demands whatsoever, now due, or which may hereafter become due, to me, on account of the business now carried on by me, as a dealer in provisions, at No. 111⁄2 Broadway, Borough of Manhattan, New York City; and (b) To make, execute and deliver receipts, releases, or other discharges, for the same, under seal, or otherwise; and (c) Upon the nonpayment of any such claim, debt, money, or demand whatsoever, to begin, conduct and prosecute any action, suit, or other proceeding whatsoever, for recovering and compelling the payment thereof; and (d) In such manner as my said attorney shall think fit, to adjust, compromise, submit to arbitration, and settle, any such claim, debt and demand whatsoever, and any and all actions, or suits, or proceedings, in respect thereof; and (e) To appoint, in his place and stead, and as his substitute, one attorney, or more, for me, with full power of revocation; and (f) Generally, to do and perform all acts and things, which he may deem expedient, or necessary, in the premises, or any of them, as fully as I, the said John Doe, could do, if personally present. And I, the said John Doe, hereby ratify and confirm whatsoever my said attorney, the said Richard Roe, or his substitute, shall lawfully do, or cause to be done, in, or about, the premises, by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). Cf. Ryan v. Tudor (1884), 31 Kan. 366, 2 Pac. 797; Sier v. Bache (1894), 7 Misc. 165, 27 N. Y. Supp. 255. No. 359. Power of attorney to collect dividends." KNOW ALL MEN, that I, John Doe, residing at No. 11% Broadway, Borough of Manhattan, New York City, do hereby constitute and appoint Richard Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City, my true and lawful attorney, for me, and in my name, (a) To demand, receive and sue for any and all dividends, which may be declared upon any shares of the common stock of Doe Manufacturing Co., Inc., which now, or hereafter, may stand in my name upon the books of said company; and (b) To make, execute and deliver any receipt, or receipts therefor. And I, the said John Doe, hereby ratify and confirm all that my said attorney shall lawfully do, by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). No. 360. Power of attorney to manage mines.1o KNOW ALL MEN, that we, John Doe Co., Inc., a corporation, duly organized under the laws of the State of New York, and having our principal office at No. 111⁄2 Broadway, Borough of Manhattan, New York City, do hereby constitute and appoint Richard Roe, residing at No. 11 Main Street, Salt Lake City, Utah, our true and lawful attorney, to take possession of, and carry on, and manage, the workings of, the mine, or mines, belonging to John Doe Co., Inc., and, for that purpose, (a) to appoint officers, clerks, workmen, and others, and to remove them and appoint others, in their place; and (b) to pay and allow to the persons to be so employed such salaries, wages, or other remuneration, as he shall think fit; and Cf. Winer v. Blytheville Bank (1909), 89 Ark. 435, 117 S. W. 232, 131 Am. St. Rep. 102. 10 Adapted from Davis v. Patrick (1886), 122 U. S. 138, 7 Sup. Ct. Rep. 1102, 30 Law ed. 1090. |