tinct subject from the present, and one which it was far from the Author's intention to treat of at large, is yet so intimately connected with that of Principal and Agent, of which it is the foundation, hat perhaps a greater portion of it may be found in the following pages, than seems to belong strictly to a Work of this nature. It is hoped, however, that wherever this branch of the law is referred to, the reference will be found conducive to the solution of questions arising out of the proper subject of the Work.

Essex Court, Temple,

Jan. 4, 1811.

ΤΟ

THE RIGHT HONORABLE

EDWARD LORD ELLENBOROUGH,

LORD CHIEF JUSTICE OF ENGLAND, &c. &c.

THIS WORK IS INSCRIBED

AS AN IMPERFECT TESTIMONY OF RESPECT

FOR

HIS GREAT PUBLIC VIRTUES

AND OF

SINCERE GRATITUDE

FUR

HIS UNMERITED KINDNESS TO

THE AUTHOR.

CONTENTS.

CHAPTER I.

PART I.

DUTIES AND RESPONSIBILITIES OF AGENTS IN REGARD TO PRINCIPALS.

Section.

1. Relation of Principal and Agent.

2, 3. Duty and Responsibility of Agents generally.

4, 5. Duty and Responsibility of particular Descriptions of Agents.

6, 7. Duty and Responsibility in Contracts of Sale and Purchase.

8. Liability to Principal for Payment, and herein of del credere Com-

missions.

9. Duty in keeping and rendering Account.

PART II.

REMEDIES OF PRINCIPALS TO ENFORCE THOSE DUTIES.

1. By Action on Contract, the different kinds of.

2. By Action of Tort.

3. By proceeding for the specific Property or Value thereof.

4. Remedy in case of Bankruptcy or death of Agent.

CHAPTER II.

THE RIGHTS OF AGENTS WITH REFERENCE TO THEIR PRINCIPALS.

1. Commission.

2. Advances and Disbursements.

3. Of an Agent's Lien.

CHAPTER III.

OF THE OBLIGATION OF PRINCIPALS TOWARDS THIRD PERSONS ARISING FROM

THE ACTS OF THEIR AGENTS.

PART I.

OF THE AUTHORITY OF AGENTS.

1. Express Authority by Writing, Deed, &c. Parol.
2. Implied Authority, doctrine and consequences of

Section.

3. Of the Execution of the Authority, as to Person, Manner, Form.

4. Determination of Authority by Revocation, Death, &c.

5. Extent and Construction of Authority, and herein of General and Spe-

cial Agents.

6. Of the general Power of Agents to dispose of or bind Goods, and herein

of the Factor's Act.

7. When joint Employment of one Agent makes the Employers jointly

liable.

8. How the Obligation of the Principal may be discharged.

PART II.

EFFECTS OF AGENT'S ACTS AS AFFECTING PRINCIPAL.

1. Effect of the Representations of Agents, as binding on the Principal, and
of Warranty by Agent.

2. Effect of Notice to Agents, as affecting the Principal with Knowledge.

3. Effect of Admissions and Declarations of Agents, as Proof of particular

Facts.

4. Effect of Payment to, and Receipts by, Agents generally.

5. Effect of Payment to Factor.

6. Effect of Discharge, Release, or Composition by Agent.

7. Effect of Delivery to an Agent to charge the Principal.

PART III.

LIABILITY FOR MISCONDUCT OF AGENT.

1. For Neglect or Fraud of Agent.

2. For tortious Conversion or Trespass of Servant or Agent.

PART IV.

ACTIONS AGAINST PRINCIPALS BY THIRD PERSONS.

1. Pleadings in.

2. Proof of Authority.

3. What Authority constitutes an Agent within the Statute of Frauds.

4. Evidence of Contracts made by Agents.

5. Agent's Evidence.

CHAPTER IV.

RIGHTS ACQUIRED BY PRINCIPALS FROM THE ACTS OF THEIR AGENTS.

1. Of Principal's Right to enforce Payment on Contracts, and herein
of the Right of Debtor to set off Debts due from Agent to himself.