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ON THE LAW OF PRINCIPAL AND AGENT, CHIEFLY
WITH REFERENCE TO MERCANTILE TRANSACTIONS

by
WILLIAM PALEY

3d edition with considerable additions

by
J. H. Lloyd

3d American edition with further extensive

additions

by
John A. Dunlap

NEW YORK, BANK, GOULD & CO.;
ALBANY, GOULD, BANKS & GOULD,

CT APC FDt

Q2,29196.

ADVERTISEMENT

TO

THE SECOND EDITION.

The scarcity of the First Edition of this Work, coupled with the high estimation in which it is held by the Profession in general, induced the present Editor to undertake the task of preparing a new Edition. The additional matter, consisting chiefly of those decisions upon the Law of Principal and Agent which have taken place since the publication of the First Edition, is either placed between crotchets, or referred to by figures, and those decisions the Editor has endeavored so to classify and arrange, that they should be incorporated under the several titles to which they respectively and peculiarly belong. The Editor, however, has to apologize for having given the case of " Baring v. Corrie" in the form of an Appendix : but this he was obliged to do from the circumstance of that case not having appeared in print until long after the greater part of the present Work was sent to the press.

Brick Court, Temple,

February, 1819.

G ?. ? :
A.29196

9896
PREFACE.

The Law of Principal and Agent appears at first view to be founded upon principles so few and simple, and in general so easy of application, that a treatise upon such a subject may seem altogether superfluous. And indeed the decisions

upon this branch of the law, which are to be met with in the older Reports, are neither numerous nor important. But the vast extension of modern commerce, both foreign and domestic, the novelty and variety of the channels through which it is carried on, and perhaps also a different system of transacting mercantile business, have given rise to new situations and questions upon the subject

of commercial Agency, which have come under legal investigation.) To collect and exhibit under one view the

decisions which have taken place upon these questions, may perhaps be found of some use; and the rather, as they are most frequently such as arise in the course of trials at Nisi Prius, where a reference cannot conveniently be made to scattered authorities : a consideration which may furnish an apology for presenting the following Treatise to the Public.

It will be seen that it is not within the plan of the present Work to comprise every branch of the extensive relation which subsists between all employers and their representatives. The consequences of that relation, as they chiefly concern mercantile affairs, are the professed objects which the Author has had in view ; though, for the sake of illustration or uniformity, he has occasionally introduced matters which do not properly fall under that description.

The Law of Master and Servant indeed, though a dis

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