Handbook of the Law of Principal and Agent |
Contents
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Other editions - View all
Common terms and phrases
agency agreement Allen Mass apparent authority appointment assent authority to sell Bank behalf bind bound broker cipal circumstances conferred Conn Contr contract corporation course courts deed defendant doctrine duty employed employer employment estopped estoppel evidence executed existence fact fraud Gray Mass held implied authority indorsed instrument Insurance intention intrusted Iowa knowledge legal relations liable lien master Metc Minn N. J. Law N. Y. Supp negotiable instrument notice Ohio St parol party payment performance plaintiff Post power of attorney principal and agent principal's privity of contract Railroad Railroad Co ratification reason relation of principal representation revocation revoked rule scope seal servant Singer Mfg statute statute of frauds subagent supra terminated third person thority tion tort transaction undisclosed principal unless usage void voidable warranty Wend
Popular passages
Page 482 - ... agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof...
Page 480 - Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent...
Page 155 - We hold it to be clear, that the interest which can protect a power after the death of a person who creates it, must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves should seem to import this meaning. 'A power coupled with an interest,' is a power which accompanies, or is connected with, an interest.
Page 322 - India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other document* used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented.
Page 6 - The relation of master and servant exists only between persons of whom the one has the order and control of the work done by the other. A master is one who not only prescribes to the workman the end of his work, but directs, or at any moment may direct, the means also, or, as it has been put, 'retains the power of controlling the work...
Page ii - Of elementary treatises on all the principal subjects of the law. The special features of these books are as follows: 1. A succinct statement of leading principles In black-letter type. 2. A more extended commentary, elucidating the principles. 3. Notes and authorities. Published in regular octavo form, and sold at the uniform price of $3.75 per volume, Including delivery.
Page 34 - ... that where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 364 - On the other hand, if at the time of the sale, the seller knows, not only that the person who is nominally dealing with him is not principal, but agent, and also knows who the principal really is, and, notwithstanding all that knowledge, chooses to make the agent his debtor, dealing with him and him alone, then, according to the cases of Addison v.
Page 309 - a factor, dealing for a principal, but concealing that principal, delivers goods in his own name, the person contracting with him has a right to consider him to all intents and purposes as the principal ; and, though the real principal may appear and bring an action upon that contract against the purchaser of the goods, yet that purchaser may set off any claim he may have against the factor in answer to the demand of the principal. This has been long settled.
Page 240 - I take it to be a general rule, that if a person sells goods (supposing at the time of the contract he is dealing with a principal), but afterwards discovers that the person with whom he has been dealing is not the principal in the transaction, but agent for a third person, though he may in the mean time have debited the agent with it, he may afterwards recover the amount from the real principal...