Commentaries On the Law of Agency As a Branch of Commercial And Maritime Jurisprudence, With Occasional Illustrations From the Civil And Foreign Law

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316.
4 Foster «. Preston, 8 Cowen, K. 198; Taber v. Perrott, 2 Gallis. R. 565; Post, § 217 a, 232, 333.
5 Ante, §14, 15; Post, 217.
CH, VII.] AUTHORITY, HOW EXECUTED. 237 has used reasonable diligence in his choice as to the skill and ability of the sub-agent.^ The same rule will apply, where the employment, although not so authorized, arises from unfore- seen exigencies or emergencies, imposing upon the agent the necessity of employing a sub-agent,^ But the sub-agent will, under such circumsta
...nces, be himself directly responsible to the principal for his own negligence or misconduct ; for wherever any such express or implied authority to appoint a sub-agent is allowed or given by the principal, a privity is created between them,^ Under other circumstances, as no privity would exist between them, the sub-agent would be directly responsible only to his immediate employer, the original agent,* If, therefore, the agent has actually become responsible to the principal, by the negligence or misconduct of his own sub-agent, and has been compelled to pay damages therefor to the principal, he I Paley on Agency, by Lloyd, 17, 20; G-oswell v.

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