Question 499.— John Brown, who carries on business under the name of John Brown & Co., gives a power of attorney signed " John Brown " only. Has the attorney power thereunder to sign for John Brown & Co. ?

Answer.—It is customary, and the better practice, that the constituent should describe himself in the power of attorney as " carrying on business under the name and style of John Brown & Co.," but we think that a duly constituted attorney of John Brown may bind his principal, to the extent of the authority conferred upon him, under any name in which the principal carries on business alone.

It is to be noted, however, that a power of attorney in which the business name adopted by the constituent is described would probably be held to limit the attorney's authority to transactions connected with that business. Thus a power of attorney from "John Brown, trading as John Brown & Co.," would cover transactions arising out of the business of John Brown & Co., but it would probably not cover transactions for another business carried on by the same man under another name.