Very wide discretion in their management. All the usual and

customary steps in a j^roceeding may be taken under this

Implied or customary authority and will bind the client.

"An attorney at law has authority, by virtue of his employ-

ment as such, to do in behalf of his client all acts, in or out

of court, necessary or incidental to the })rosccution and man-

agement of the suit, and which affect the remedy only, and

not the cause of action." ^ It has been generally held in the

United States that this limitation of the authority to the con-

trol over remedies precludes the power to compromise the

1 Cockcroft V. Muller, 71 n. Y. 367.

"• See Sweet's Law Dictionary; 19 Am. Law Rev. 077. For the his-

tory of the rise of attorneys at law as a special class, see 1 Pollock and

Maitlanrl's Mist, of Eiig. Law. 190-196.

8 Matter of GoodelC 39 Wis. 232; In re Day, 181 111. 73.

* Moulton V. Bowker, 115 Mass. 36; Clark i'. Randall, 9 Wis. 135.

CONTRACT FOR DISCLOSED TRINCIPAL. 155

claim, cither before or after judgment.^ In England the hold-

ing is otherwise, and in some of the United States.^ But it

is held tliat he may submit the claim to arbitration. ^ He may

agree that property shall be sold pending an appeal as to the

Validity of a lien, for which a decree of sale has already been

entered, and the money paid into court to abide the decision

on the appeal."^ He may direct a levy as a proper remedy for

the collection of a claim, and if the levy be wrongful the prin-

cipal is liable.^ In general he may control tlie management

of the proceeding, but he " may not compromise tlie rights of

his client outside of his conduct of the action, or accept less

than the full satisfaction sought, or release his client's right,

or subject him to a new cause of action." "^

В§ 115. Bank cashiers.

(1) Definition. " The cashier is tlie executive officer,

through whom the whole financial operations of the bank

are conducted. He receives and pays out its moneys, collects

and pays its debts, and receives and transfers its commercial

securities. Tellers and other subordinate officers may be

appointed, but they are under his direction, and are, as it

were, the arms by w^hich designated portions of his various

functions are discharged." '' A bank cashier is the chief

executive agent of the bank; the directors are the delibera-

tive managing agents. " It is not wholly unapt to liken the

board of directors to a bench of judges, and the cashier to

the clerk of the court." ^

1 Whipple V. ^W\\tm&\^, 13 R. I. 512; Maddux v. Bevan, 39 Md. 485;

Watt V. Brookover, 35 W. Va. 323; Preston v. Hill, 50 Cal. 43.

2 Prestwich v. Poley, 18 C. B. n. 8. 806; Bonney v. Morrill, 57 Me. 368.

3 Faviell v. Eastern Counties R., 2 Ex. 344 ; Brooks v. New Durham,

55 N. H. 559; Sargeant v. Clark, 108 Pa. St. 588. Cf. McPherson v.

Cox, 86 N. Y. 472.

4 HaUiday v. Stuart, 151 U. S. 229.

5 Morris v. Salberg, 22 Q. B. D. 614; Caswell i'. Cross, 120 Mass.

545 ; Howell v. Caryl, 50 Mo. App. 440.

В« Lewis V. Duane, 141 N. Y. 302, 314; Kirk's Appeal, 87 Pa. St. 243;

James v. Ricknell, 20 Q. B. D. 164.

7 Merchants' Bank v. State Bank, 10 Wall. (U. S.) 604, 650,

8 1 Morse on Banking, В§ 152.

156 PmNCIPAL AND THIRD PARTY.

(2) Scope of authority. Custom lias fixed with considera-

ble precision the authority of a bank cashier, and tiiis authority

ho may be presumed to possess without special dcle<,^ation

from the directors, and even as against a sjiceial restriction

nnknown to a third person dealing with the hank. The ques-

tion whether he does or does not possess authority to du any

particular act is ordinarily one for the coui't and not for the

jury.i By the powers inherent in his oftice a cashier has

anthority to draw checks or drafts upon the funds of the

bank deposited with other banking or trust comi)anies ; ^ to