A Commentary On the Law of Agency And Agents
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paid the agent. I am of opinion that Walker, 11 Ala. 1058. this is no defence to the action. There * Thomson n. Davenport, 2 Smith, are no doubt cases and dicta which, L. C. 6th ed. 435, judgment of Bay- unless they be understood with some ley, J. qualification, afford ground for the po- 304 CHAP. X.] THIRD PERSON AGAINST PRINCIPAL. [§ 470.
§ 470. Creditor who intelligently elects and takes security from agent as debtor, cannot afterwards recover against principal. — In other words, if I accept... A. exclusively as my debtor, I cannot afterwards, on A. proving insolvent, discard him, and turn to B., as his supposed principal. ^ Thus in an English case, decided in 1812, the evidence was that Gandasequi, a Spanish merchant, being in London, employed Larrazabal & Co. to buy for him goods for the foreign market. They bought from Paterson, Ganda- sequi being present and examining the goods. They were in- voiced to Larrazabal & Co., as on their credit, and Larrazabal & Co. debited Gandasequi with the amount.
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To quickly assess the difficulty of the text, read a short excerpt:
paid the agent. I am of opinion that Walker, 11 Ala. 1058. this is no defence to the action. There * Thomson n. Davenport, 2 Smith, are no doubt cases and dicta which, L. C. 6th ed. 435, judgment of Bay- unless they be understood with some ley, J. qualification, afford ground for the po- 304 CHAP. X.] THIRD PERSON AGAINST PRINCIPAL. [§ 470.
§ 470. Creditor who intelligently elects and takes security from agent as debtor, cannot afterwards recover against principal. — In other words, if I accept... A. exclusively as my debtor, I cannot afterwards, on A. proving insolvent, discard him, and turn to B., as his supposed principal. ^ Thus in an English case, decided in 1812, the evidence was that Gandasequi, a Spanish merchant, being in London, employed Larrazabal & Co. to buy for him goods for the foreign market. They bought from Paterson, Ganda- sequi being present and examining the goods. They were in- voiced to Larrazabal & Co., as on their credit, and Larrazabal & Co. debited Gandasequi with the amount.
What to read after A Commentary On the Law of Agency And Agents?
You can find similar books in the "Read Also" column, or choose other free books by Francis Wharton to read onlineMoreLess
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