Liability of bank for his acts, ib.

CHARGES.

What charges agent entitled to be allowed, 105, 106, 107. See Allowance,
Disbursements.

COLLECTOR OF THE REVENUE.

Liability of to party paying duties &c. illegally demanded, 398, n. (t).

Agent's right to, 100.

COMMISSION.

Cannot legally claim it, if left to the honor of the employer, 101.

Amount of, when regulated by statute, ib.

Cannot be recovered for illegal employment, 102.

Aliter if agreement may be legalized by certain precautions being observed,
103, n. (4).

May be forfeited by the conduct of agent, as by not keeping account, 104.
By departing from his character of agent and acting adversely to his em-
ployer, 105.

So if through negligence, agent's services are nugatory, he is not entitled
to commission, 105.

Agent undertaking business without authority or stipulation for reward,
and keeping no account by which his wages might be ascertained, the
claim disallowed altogether, 104, n. (ƒ).

Agent made executor, commission ceases, 105.

Where right to commission depends on a contingency, commission not pay-
able until contingency happens, 107.

Commission on consignment insurable, 100, n. (a), 138, n. (d).

COMPENSATION.

Party may be entitled to, although there be no agreement, 100, n. (1).

COMPOSITION.

Authority of agent to compound debts, 290. See Debt.

Agent cannot compound or commute debts without authority, 291.

Broker employed to effect policy may adjust losses, 160, ib.

So broker having an authority to adjust losses, may refer a dispute about a
loss to arbitration, 191.

Release on composition under power of attorney must be in the name of
principal and not of the attorney, 292.

CONTRACTS BY AGENTS.

Contracts made by agents may be binding, though not strictly pursuing the
authority, 25.

Contract of sale. See Sale.

Contracts made under implied authority, where principal bound by: where
not, 161, &c. See Authority.

Where goods, &c. bought by agent upon credit come to the use of princi-
pal, the latter is only discharged by showing that he always gave the
agent money beforehand, or that the goods were furnished on agent's
credit, 165, 245.

Where principal bound by contracts, not made pursuant to authority, 198,
&c.

Contract for freight, factor's power to make, 241. See Freight.

Principal cannot avail himself of a fraudulent contract made by his agent,
325.

In action on contract made by agent it may be described as made with
principal, 308.

Contract stated to be with agent appeared by the sale note to be with him
for principal the variance not material, 362, n. (ƒ).

Evidence of contracts by agents, 317.

Action by principal on contract of agent, 323.

Contracts made by agent without the privity or authority of principal may
be adopted by the latter, 324.

But in so doing he adopts the acts of the agent in toto, ib.

CORPORATION.

How may appoint agent or attorney, 155, n. (a).

If liable on contract not under seal, ib.

COVENANT.

Where there is a covenant or bond to account, assumpsit does not lie till
balance struck, 67.

General duty of factor or agent may be narrowed by covenant, ib.

Assignment of breach must be within the terms recited in the condition,

though the obligatory part be larger, 68.

If recital mention a particular place or time, the breach must be according-
ly, though the obligation be general, ib.

Covenant to "account," breach in neglect to "pay," 69.

Pleading in action on covenant, ib.

Covenant as surety for the fidelity of agent, 70, n. (r).

Covenant by agent in his own name, though for and on the behalf of ano-
ther, binds him personally, 382.

CREDIT.

In what cases an agent may sell upon credit, 26.

May sell upon credit if such be the usage of the trade in question, 26, 173,

212.

Aliter if no such usage, 212.

Cannot sell stock on credit, ib.

Nor to a person notoriously discredited, unless specially directed, 27.

If agent sell goods of the principal upon credit to one who proves insolvent,

and at the same time goods of his own to the same person for money,
strong evidence of his knowledge of the insolvency, ib.

The time of credit given must be reasonable and customary, ib.

And the security such as may be enforced without extraordinary risk or
trouble, ib.

Where agent authorized to take up goods on credit so as to bind principal,
161, &c.

Where not, 162. See Authority.

Servant to whom master always gives money before-hand to pay, buys
upon credit, principal not liable, 164.

Aliter if at any time he has authorized servant to buy upon credit, 165.
Unless where the seller has given credit to the agent, as by suffering the
accounts to run to a long arrear, &c. ib.

Credit given to agent, where it discharges principal, 243, &c. 371.

CREDITOR.

May resort to principal for his debt notwithstanding any private agreement
between the principal and agent, that the latter only shall be liable, 243.
Or notwithstanding the principal has paid his own agent, ib.

Unless from circumstances he be induced to suppose that the vendor has
given credit to the agent, ib. 245.

As by the latter neglecting to call upon the principal for a long time, 246.
But if the employer, by always paying the agent in advance, has never
sanctioned his buying on credit, he is not liable, 164, &c. 245.

Receipt given by creditor to agent does not discharge the principal without
actual payment, unless it has been passed in account, and credit given
by principal on the faith of it, 253.

Creditor receiving in payment a check of agent which is dishonored, does
not discharge the principal, 251, n. (9).

CUSTODY.

How far agent liable for safe custody of goods in his possession, 15, 16, &c.
Cannot in general transfer the custody to other hands, 17.

But allowed under certain circumstances, ib.

CUSTOMS AND DUTIES.

Where it is the duty of agent to pay them, 23.

Consequence of neglecting, 24.

Quære, if factor entitled to have for himself customs saved by his manage-
ment, 24.

DEATH OF AGENT.

Determination of authority by, 189, n. (7).

Remedy for principal in case of agent's death, 95.

Puts an end to personal remedies by action for fraud or misconduct, 96.

But where agent has made profit by fraudulent dealing with principal, his
estate made accountable in equity, ib.

DEATH OF PRINCIPAL.

Effect as to determining authority, 186, and n. 5, ib.

DEBT.

Action of debt, where it lies against agent, 60.

Money delivered to agent for special purpose, and not applied or the pur-
pose countermanded, is a debt proveable under agent's commission, 62.
No private agreement between principal and agent that the latter is to pay
the seller, discharges the liability of the principal, 243.

Payment to agent where a discharge, 274. See Payment, Debtor.

Agent having general authority to receive payment may receive it in any
manner authorized by the ordinary course of business, 290.

Aliter of special agent, ib.

Authority of agent to compound, release, or discharge debts due to princi-
pal, ib.

Even general agent for receiving payment cannot commute the debt by re-
ceiving some other thing, as a horse, &c. 291. See Composition.
Where debt due from factor may be set off by vendee against the princi-
pal, 325.

DEBTOR.

Where discharged by payment to agent, 274, &c.

Payment of debt on bond or other written security, must be to one having
the custody of the instrument, ib. See Bond, Bill of Exchange, Pay-

ment.

Debtor discharged by payment to agent in possession of the instrument, 275.
Where discharged by payment to factor, 278. See Factor.

Where a debtor to principal may set off a debt due to himself from factor, 325.

DECLARATIONS.

See Admissions.

Declarations and representations of agent accompanying contract bind prin-
cipal as part of the contract, 256, 267.

But must be made at the time of the particular contract, 256. See War-
ranty, Insurance.

On sale made under written particulars, verbal declarations of auctioneer
at the sale not allowed to be proved, 257.

Quære, if not admissible where personal information is given to the pur-
chaser of a mistake in the particulars, ib. n. (3).

Distinction between such declarations as form part of contract, and such as
relate to particular facts, 269, 270, &c.

Former received in evidence, latter not, ib. &c. See Admissions, Evidence.

Description of, 41.

DEL CREDERE COMMISSION.

A del credere agent was held liable not only for the solvency of debtor, but
for payment absolutely, ib.

But this doctrine overruled, ib. n. (d), 111, n. (3).

He is merely surety to his principal, ib.

And liable only for the solvency of those with whom the principal deals

through his agency, 111, n. (3).

Declaration must aver default of principal debtor, ib.

Liability of del credere agent where he receives the price of goods from the
purchaser, and remits it by bills to his principal, 41.

The principal must always be the debtor, except where the broker has, by
the form of the instrument, made himself liable, 112, see note.

A broker, though not acting under a del credere, may render himself di-
rectly liable to his principal, 43, n. (3).

Rights of third persons not privy to the contract are not affected by del
credere commission, 286.

DELIVERY TO AGENT.

When sufficient to charge the principal, 293.

Effect of delivery to agent to vest the property of goods in principal, and
prevent the owner's right to stop them in transitu, 347.

Goods must have reached their final destination, and not be at a stage
upon their transit, 350.

Delivery to an agent merely employed in expediting the passage of goods,
does not prevent the owner from stopping them in transitu, 348 to 350.
Cases in which delivery to an agent is sufficient to prevent the stoppage in
transitu, 350 to 357.

DEMAND.

Wherever demand or notice by agent is to affect a third person with dama-
ges on refusal, he must be properly authorized at the time, 343.
Where demand of debt by agent sufficient to rebut plea of tender, ib.

by attorney's clerk not sufficient, aliter by attorney himself, 344.
Where demand by, and refusal to agent, sufficient to enable principal to
maintain trover, 343.

Demand of debt by a known clerk of creditor, sufficient to make an act of
bankruptcy, 343.

Where refusal on the ground of not being satisfied of the authority is justi-
fiable, 347.

Where not, ib.

Where authority required to be produced at the time of making the de-
mand, ib.

DEPUTY.

Of public officer, when personally liable, 396, n (a), 398, n. (h).