Johnston

Mr. Chief Justice Murray concurred.

The decision of this cause depends upon the construction to be given to the power of attorney from Cook to Jones; for if the language of the power can be extended to embrace the eontract sued on, then the release executed by Jones as Cook’s attorney, would be a complete bar to the recovery in this action. The language of the power authorizes the attorney “ to settle and adjust all partnership debts, accounts and demands, and all other accounts and demands now subsisting, or which may hereafter subsist between me and any person or persons whatsoever;” and for this among other purposes, the power is given to execute releases. The debt sued on is not a partnership debt, but is a covenant to which the grantor of the power is a joint covenantee with two others, and the question is whether the words “ between me and any person or persons whatsoever,” can be made to include a debt not owing to the principal alone, but to him jointly with others. The rule laid down by the authorities for the construction of these instruments, requires them to be confined to the simple meaning of the terms expressed, and not to be extended by implication in any case…