Gratuitous agent when liable, 6. Responsibility of agent, 7. See Responsibility, Action on the Case. Grants made to agents, in what cases void, 11, 12. How far responsible for safety of goods, &c. 15, 16, and n. (3). See Fac- Agent for sale cannot be the purchaser, 33. See Sale, Purchase. Agent employed to procure timber for a colliery, furnishing his own, de- Duty to keep principal informed of his proceedings, 38, 39. For what losses an agent is responsible. See Responsibility, Loss. Not answerable for loss occasioned by failure of persons in whose hands Agent taking bills of persons in credit at the time, not responsible if they But aliter if he place his principal's money at his banker's in his own name, Agent purchasing specific property with principal's money, considered as Joint agents. See Factor, Joint Agents, Partner. General duty of agent may be narrowed by covenant, 67. Agent bankrupt, remedy in that case, 82, &c. See Bankrupt. Agent's right to commission, 100. See Commission. Agent, whose duty requires him to give up his whole care to his employers, Agent's right to be allowed advances, disbursements, &c. See Allowance, Lending money without authority, not allowed it in account, without Agent's lien on goods, &c. See Lien. Agent for sale at common law could not pledge. See Pledge and Factor's Agent witness to prove authority, 319. Authority of agent to discharge, compound or release debts, 290. See Debt, Agent responsible himself to debtor on composition made without authority, What description of agent sufficient for signing agreement within the sta- Where a demand by agent sufficient to rebut the plea of tender, 343, 344. Wherever a demand or notice by agent is to affect a third person with da- In what case acts done without authority enure to the benefit of principal, What actions agents may bring in their own names. See Trover, 361. What remedies agents have against third persons for their own indemnity, Personal liability of agents to third persons, 368. Not in general liable on contracts made as agents, 369. Exceptions as to masters of ships, 388. In what cases agents personally liable, 371. Where not known to act as agents, ib 372. Or principal concealed, ib. Where no responsible principal to resort to, 374. As commissioners for canal, &c. contracting for work, personally liable, 375, So one contracting for work for the parish, 375. Agents of government not liable on contracts made for government, 376, Agent personally liable where he binds himself by the contract, 378, &c. As on memorandum "received 401. to the use of my master, to be paid at So on bill drawn on J. B. cashier of Y. B. Company, and accepted generally, Other instances, ib. 380, 381. Agent drawing or accepting a bill generally, liable personally, 380. So if he indorse a bill without qualification, 381. Covenant by A. B. for himself, &c. though described to be for and on be- half of another, makes him personally liable, 382. So on arbitration bond, 383. Where personally liable on his warranty, 385. See Warranty. Agent exceeding his authority, so that principal not bound, liable personal- Action against agent to recover back money erroneously paid to him, where Where it must be brought against the principal, 390. Cannot in general be maintained against agent after payment over by him Unless money was not paid to agent for the purpose of his paying it over to Agent in the condition of stakeholder, where justified in paying over, 391. Liability of agents for their own tortious acts, 396, &c. Not liable to third persons for mere nonfeazance, ib. Exception as to masters of ships, 398. How far liable for acts done under the command of principal, 399. Cases in which principal alone liable, 401. Agent guilty of excess in the execution of a lawful command, personally ALLOWANCE. What charges and disbursements allowed in account with agent, 107. In what cases advances made without authority, but from emergency, al- Agent insuring without authority under particular circumstances, to be al- But otherwise if without particular authority to insure, or circumstances of Unless the insured acquiesce on being informed, ib. 109. Voluntary payments not allowed, ib. 110, 111. Instances of voluntary payments, ib. Agent deserting his duty not entitled to charge advances made, 105. Agent lending principal's money without authority, not entitled to have it allowed in account, though for principal's benefit, 115. Unless the latter by acceptance of interest or other act acquiesce, 115. Advances made in the course of illegal transaction not allowed, ib. See Advances and disbursements made after notice of principal's bankruptcy, In action against agent he may give in evidence what he is entitled to be al- ASSENT. Where subsequent assent of principal supplies the want of previous authori- By assenting to agent's acts in part, principal adopts the authority as to the ASSUMPSIT. Indebitatus assumpsit where it lies by principal against agent, 56 to 62. Assumpsit for not accounting, 58. Where the remedy may be either by action or bill in equity, 60. Special assumpsit does not lie for money delivered for a special purpose, till So it does not lie for money had and received, unless trust closed, ib. After balance struck and promise to pay, indebitatus assumpsit lies not- Indebitatus assumpsit lies where money paid for special purpose and not So if the purpose be countermanded, whether legal or not, 61, 66. The sum to be recovered against agent is only the balance after deducting Assumpsit does not lie where there is a covenant to account, 67. Unless where balance struck, 60, 67. Where assignees bringing assumpsit for goods sold by bankrupt it is an ATTORNEY Power of. See Power of Attorney. Payment to attorney, where a discharge, 277, n. (l). Order of Nisi Prius, by which cause is referred by attorney, though contra- Attorney bringing action by direction of his client, though he knows it to But liable for mistakes which cause damage to the defendant, ib. Demand of debt by attorney's clerk not sufficient to rebut the plea of ten- Lien of attorney or solicitor for costs, &c. 131, n. (A). If attorney can accept a gift from his client, 11, n. (l). AUCTIONEER. Undertaking to observe the forms necessary to save duties, by 19 Geo. III. Authority given to auctioneer to sell, does not authorize his clerk in his ab- Auctioneer afer sale has no authority to treat about the title, 188, 208. Quære, If not admissible where personal information is given to the pur- Auctioneer agent for both parties within the statute of frauds on sale of Since determined that an auctioneer is an agent for the purchaser of real Auctioneer selling goods of B. as goods of A., payment by buyer to A. bind- Auctioneer may maintain an action in his own name for the price of goods Auctioneer not disclosing principal at the time of sale, personally liable on Auctioneer, paying over proceeds to immediate principal, if liable to third How created, 2, 155. AUTHORITY. General and special, 2. General authority, what is, 199, n. (9). Limited and unlimited, 2. Agent disposing of principal's property under forged or invalid authority, liable, 44, and n. (ƒ). Where it must be in writing, 155. Where it must be by deed, ib. Where to bind principal under seal, must be by deed, 157. Verbal acknowledgment of authority under seal, not sufficient proof of it, Where the authority of an agent within the statute of frauds must be in Authority to accept, draw, or indorse bills, need not be in writing, 160. Previous employment, in what cases it gives authority, 161, &c. One previous instance of authority to buy on credit held sufficient to bind Implied authority arising from employment continues after employment Other instances, ib. Want of previous authority supplied by subsequent acts of principal, 171, 211. What amounts to evidence of assent, 171. Adoption of agency in part is an adoption of the whole, 172. Where assignees bringing assumpsit for goods sold by bankrupt, it is an adoption of his act, 173, n. (w). Execution of authority, 175. Must be executed by the person to whom it is given, ib. Within what period must be executed, 189, n. (7). |