MORTGAGE AGENTS, right of, to commission, 339.

MORTGAGE, under Companies Act, 1862, s. 43, distinguished from lien, 367.

MORTGAGEE, fiduciary position of, 258.

MORTGAGOR, notice to quit by, as agent, effect of, 26.

MUNICIPAL CORPORATION-

contracts of, 18.

may contract by parol, 19.

in trivial cases, and cases of necessity engaged in trade, contracts of, 20.
delegation of authority of, 40 n.

MUTUAL CREDIT, extends the right of set-off, 90.

MUTUAL DEALINGS, effect of clause, 91.

NEGLIGENCE-

(See INSURANCE.)

degrees of, 238 n.

directors liable for, what, 277, 278.

agent not liable to third persons for his, 328.

proof of, in defendant immaterial, where defendant owes no duty, 427.
liability of principal for agent's, 479.

liability of agent to principal for, 242.

NEGOTIABLE instruments, agent liable on, where he contracts personally, 440.
"NET PROCEEDS," expression explained, 348.

NON-PERFORMANCE-

agent liable for, when, 236.

of contract, agent may claim on quantum meruit when due to principal's de-
fault, 360.

NOTICE-

doctrine of constructive, 159.

money paid by agent to principal without, cannot be claimed from agent,

313 et seq.

it is otherwise if paid with, 313.

of agency, effect of, on rights of third parties, 314.

what sufficient, to take away right of set-off, 399, 402.

agent before suing as real principal must give, 403.

revocation of authority does not affect title of person who contracts with agent
without, 434.

that agent is violating his instructions, effect of, 462.

given by authorized agent of joint tenant in his own name, good, 26.

by mortgagor in his own name, 26.

liability of, where servant of coal merchant leave cellar-hole open, 500.
liable for defective state of lamp, 501.

liable in respect of occupation, 502.

OFFICER OF COMPANY, liability for misfeasance and breach of trust, 276.

OFFICIAL CHARACTER, agent has no personal right to sue on contracts made,
385.

OFFICIAL LIQUIDATORS-

duty of, 262.

must have no interest in conflict with duty, ib.

OMISSIONS, agent not liable to third persons for his, 328.

OMNIBUS CONDUCTOR, liability of employers for act of, 484.

ORDER, commission payable on acceptance of, 337.

ORDER AND DISPOSITION OF AGENT, goods in the, given by agent as
security for antecedent debt cannot be held against trustee in bankruptcy, 432.
ORDERS, authority to receive, no authority to receive the money, 49.

OSTENSIBLE EMPLOYMENT, duration of credit arising from, 87.

OUTLAW can appear in court only to reverse outlawry, 13.

may levy a rate by deputy, 43.

liable for money received on illegal contract, when, 315.

PAROL CONTRACTS

the execution of, 176.

when corporation may make, 19.

PAROL EVIDENCE-

to show that written contract was conditional, 312.

admissible to give benefit of contract to unnamed principal, or to charge him
with liability, 196.

principal may be made liable by, 304.

cannot be given to discharge party to contract, ib.

how far agent's liability may be varied by, 309.
when for the court to construe, 458.

authority of, to contract by deed, must be by deed, 18.

to bind co-partner by bill, 28.

insanity of, ground for dissolution, 100.

implied authority of, 128.

liability on promissory notes, 187.

agent of partnership not the agent of the partners individually, 26 n.

PARTNERS, right of, to sue in own name on contracts, 379.

mere agency, 26 n.

existence of agency a test of, ib.

distinguished from incorporated companies, 46.

dissolution of, revokes power of attorney of the firm, 87 n.

PART OWNER, lien of master of ship who is, has priority over claim of mort-
gagee, 370.

>

PART OWNERS liable as partners on joint employment of ship, 28.

PART PERFORMANCE OF CONTRACT, right of agent to sue as principal
after, 384.

PAWNEE cannot sell until debt is payable, 116.

PAYMENT-

after bankruptcy of principal agent has no authority to make or receive, 88.
agent cannot recover, if made by reason of his default, 115.
agent authorized to receive, must receive money, 117.
authority to receive, no authority to receive bill, 119.
liability of agent to make, directed by principal, 320.
agent has no authority to receive, after bankruptcy, 401.
to agent, liability of undisclosed principal after, 443, 444.

to principal, when a defense in an action against agent to refund money,
312 et seq.

PERMANENT denotes a general employment only, 80.

"PER PROCURATION," meaning of expression, 105.

PERSONAL SKILL, authority requiring, cannot be delegated, 38.
PERSONAL UNDERTAKING, agent liable on, 306.

PHYSICIAN-

(See SURGEON.)

PLEDGE-

in respect of antecedent debt, 421.

right to, possessed by vendor or vendee having document of title, 428.
what, is protected under Factors' Acts, 433.

POLICY-

of marine insurance, may be ratified after loss, 65.
authority to effect, an authority to adjust loss, 111.

POSSESSION-

essential to liens at common law, 364.

must be continuous, ib.

acquired in good faith, ib.

if acquired through agent, agent must be authorized, 365.

must be consistent with claim to lien, 367.

what, sufficient to maintain trover or trespass, 388, 390.

agent intrusted with, how far to be deemed owner, under Factors' Acts, 421.
actual custody not necessary for, under Factors' Acts, 433.

POSSESSION OF PRINCIPAL, possession of agent is, unless agent is a wrong-
doer, 329.

POSTMASTER-GENERAL, not liable for acts of subordinates, 332.
POST-OFFICE, not an agency to make contracts, 242.

POWERS of appointment, cannot be delegated, when, 38, 43.

PREMIUM, paid for illegal insurance, cannot be recovered, 347.
PRESUMPTION -

-

that an agent possessed of goods or documents of title is entrusted therewith
by the owners, 433.

that agent does not pledge credit of foreign principal, 445.

may be rebutted, ib.“

PRICE OF GOODS, principal may plead payment to agent in action for, when,

PRINCIPAL-

Rights of, against third parties:

to sue on contracts of agent, 395.

to recover money wrongfully paid or applied, 404.

to follow property, 405.

to rescind contracts affected by fraud, 434.

to sue affected by fraud and misrepresentation of agent, 396 n, 403 n,

465 n.

Liability of, to third parties:

on contracts of agent, 440.

for agent's fraud or misrepresentation, 465.

for agent's acts or negligence, 479.

bankruptcy of, terminates authority, 88.

liable for acts of agents within scope of authority, 140.

may abandon goods wrongfully sold, 225.

acquiescence of, a good defence in action for profits made by agent, 246.

agent cannot buy a debt of, 263.

not bound by feigned purchase, 265.

liability of agent to make payments directed by, 320.

admissions by, in action by agent, 388.

PRIVATE COMMUNICATION from principal, cannot limit agent's authority,
400, 460.

PRIVILEGED COMMUNICATIONS between solicitor and client, 221.

PRIVITY, want of, may be fatal in action against agent, 318.

PRIVITY OF CONTRACT-

between sub-agent and principal, 42 n, 249 n.

inconvenience of establishing, between foreign constituents and house sup-
plied with goods, 446.

where the claim is for reward offered, 489.

when a common employment creates, between several principals, 26 n.
"PROCURE," the term explained, 340.

PROFITS-

agent not accountable for, made before agency, 252.

agent accountable for, when, 243.

directors will not be allowed to make, out of trust, 278.

to principal, no criterion of agent's right to commission, 337.
PROJECTORS, liability of, 28.

PROMISSORY NOTES-

execution of authority in case of, 177 n, 186.
distinguished from bills of exchange, 187.
PROMOTER, not agent for other promoters, 158.
PROMOTERS-

of company, fiduciary position of, 258, 283.

cannot become vendors to company, without disclosure, 283, 285.
PROPERTY wrongfully conveyed, right of principal to follow, 405.
PROSPECTUS, effect of inserting name in, as committeeman, 29.
PUBLIC BODY, liable for acts of servants, 491.

PURCHASE-

ratification of contract of, 66.

fiduciary position of agent employed to, 262.
principal not bound by feigned, 265.

of bankrupt's estate, by solicitor, set aside, 289.
under 6 Geo. 4, c. 94, no money need pass, 418.

obtained by arming agent with fictitious offer is fraudulent, 436.
PURCHASER, effect of notice of agent's want of title to, 362.

QUALIFICATION-

of agent's right to sue third parties on contracts, 387.
of principal's right to sue on contracts of agent, 376.

QUANTUM MERUIT —

no commission can be claimed on, when the contract is entire, 336.
agent may claim on, when performance due to principal's default, 360.
when the principal has received some advantage, 357.

unless the contract was entire, 336.

agent to procure loan, entitled to, when, 340.

when claim is founded on custom, 348.

builder cannot claim on, when, 352, 358.

may claim on, when, 360.

QUESTION OF FACT—

whether a document is an open letter of credit is, 462.
the liability of agent of foreign principal is a, 446.
election or no election is, 448.

authority to give, for goods received, no authority to give for goods not re-
ceived, 140.

effect of agent's in action against agent to recover money, 317.

of factor, discharges buyer, 386.

RECITAL, effect of words of, in contract of employment, 78.

RECOGNITION by principal of agent's authority, 144.

REIMBURSEMENT, right of agent to, depends on agreement, 339.

principal may claim, when the agent and the other contracting party are
guilty of fraud, 434.

how far laches will preclude, 436.

RENUNCIATION of agency,

86.

REPAIRS, master of ship may bind owners for necessary, 124.