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V. Lowe, 40 111. 209.

More than the ordinary skill may also be reasonably

required where the agent, though perhaps not belong-

Ing to any of the specially skilled classes, has in the

particular case specially undertaken to exercise ex-

traordinary skill.

See Isham v. Post, 141 N. Y. 100, 35 N. E. Rep. 1084, 38 Am. St.

Rep. 766.

§ 180. How when services gratuitous. — When an

agent professiug special skill is employed in the line of

his calling, the fact that he was not to be paid for his

services is no excuse for not exercising such skill ; but

one serving gratuitously in other cases would not be

liable in the absence of gross negligence or bad faith.

See Foster v. Essex Bank, 17 Mass. 479, 9 Am. Dec. 168; Shiells

V. Blackburne, 1 h. Blackstone, 158: Williams V. McKay, 40 n. J.

7

98 Duties of agent to principal. [в§в§ 180-183.

Eq. 189, 53 Am. Rep. 775; First National Bank t. Ocean National

Bank, 60 N. Y. 295, 19 Am. Rep. 181; Isham r. Post, 141 N. Y. 100,

35 N. E. Rep. 1084, 28 Am. St. Rep. 766.

§ 181. Negligence in loaning money. — An agent

employed to make loans does not impliedly warrant the

safety of his loans or the solvency of the borrower, but

he will be liable for losses occurring from negligence

In loaning to irresponsible parties, or from a neglect to

obtain suitable security, or to secure and perfect the

proper evidences of the loan.

See Bank of Owensboro v. Western Bank, 13 Bush (Ky.), 526, 26

Am. Rep. 211, Cas. Ag. 206.

§ 182. Negligence in effecting insurance. — In the

same way, an agent employed to effect insurance does

not impliedly guaranty the soundness of the company

or the collection of the insurance money, but he would

be liable for a loss proximately resulting from his neg-

lect in insuring in a company not in good standing, or

In taking defective policies, or in procuring insufficient

amounts, or in ignoring the instructions of his prin-

cipal.

See Storer v. Eaton, 50 Me. 219, 79 Am. Dec. 611; Strong v. High.

2 Rob. (La.) 103, 38 Am. Dec. 195; Shoenfeld V. Fleisher, 73 111.

404; Sawyer t. Mayhew, 51 Me. 398; Brant t. Gallup, 111 111. 487, 53

Am. Rep. 638; Milburn Wagon Co. v. Evans, 30 Minn. 89.

§ 183. Negligence in collecting. — So an agent em-

ployed to make collections does not impliedly guaranty

that he will collect the money or, unless charged with

the duty of special diligence, that he will drop all other

business and attend solely to that; but he is liable for a

loss of the debt which results from his failure to exer-

cise reasonable care, skill and diligence in collecting

the money, or for a loss of the proceeds caused by

negligence or disregard of instructions in remitting it.

Ere Butts v. Phelps, 79 Mo. 302; Walker v. Walker. 5 Heisk.

§§ 183-187.] DUTIES OF AGENT TO PRINCIPAL.

! n

(Term.) 425; Wilson v. Wilson. 26 Penn. Su 3J3; Foster v. Pre*.

8 Cowen (N. Y.) 108; Kerr v. Cotton, 23 Tex. 411.

В§ 184. Liability for defaults of correspond-

ents. —An attorney who hikes a claim "for collection"

is liable for the defaults of his own clerks and agents,

and if he sends the claim to another attorney for col-

lection, he is liable for his defaults. Whether a bank

which undertakes to collect is liable for the default of

its correspondent banks, is disputed, but the weight of

authority is that it is so liable.

See Cummins v. Heald, 24 Kan. 600, 36 Am. Rep. 264, Cas. Ag.

247; Exchange Nat. Bank v. Third Nat Bank, 112 U. S. 276, Cas. Ag.

239; First National Bank v. Sprague, 34 Neb. 318, 51 N. W. Rep.

846, 15 L. A. R. 498; Streissguth v. National Bank, 43 Minn. 50, 44

N. W. Rep. 797, 7 L. R. A. 363; Givan v. Bank of Alexandria, вЂ

Tenn, — , 52 S. W. Rep. 923, 47 L. R. A. 270; Minneapolis Sash and

Door Co. v. Metropolitan Bank, 76 Minn. 136, 78 N. W. Rep. 980, 44

L. R. A. 504; Kershaw v. Ladd, 34 Oreg. 375, 44 L. R. A. 236.

l/ 4. To account for Monet; and Property.

§ 185. Duty to account. — It is the duty of the agent

to keep correct accounts of his transactions, and to ac-

count to his principal for all money or properly which

comes to his hands belonging to the principal.

See Jett v. Hempstead, 25 Ark. 462, Cas. Ag. 496; Baldwin v.

Potter. 46 Vt. 402; Taul t. Edmondson, 37 Tex. 556.

§ 186. Cannot deny principal's title, etc. — lie can-

not deny his principal's title, nor can he set up the ille-

gality of the transaction in which he received the prop-

erty or money as an excuse for not accounting for it.

See Kiewert v. Rindskopf, 46 Wis. 4S1. 32 Am. Rep. 731, Cas. Ag.

497; Pittsburg Mining Co. v. Spooner, 74 Wis. 307, 42 N. W. Rep.

259, 17 Am. St. Rep. 149; Peters v. Grim, 149 Pa. 163, 24 Atl. Rep.

192, 34 Am. St Rep. 599; Smith v. Blachley, 188 Pa. 550, 41 Atl. Rep.

619, 68 Am. St. Rep. 887; Floyd v. Patterson, 72 Tex. 202, 10 S. W.

Rep. 526, 13 Am. St. Rep. 787.

§ 187. Duty to give notice of collection. — Upon

collecting money for his principal, the agent, unless he

100 DUTIES OF AGENT TO PRINCIPAL. [§§187-189.

already has instructions as to remitting it, should give

the principal notice of that fact within a reasonable

time, and if he has done so, the agent cannot be sued for

the money until the principal has made a demand for it

which has been refused. The agent will be liable for

interest if he fails to pay over on demand or if he fails

to give notice of the collection. The statute of limita-

tions will usually not begin to run in the agent's favor

until he has given notice of the collection, or until a de-

mand has been made upon him.

See Jett v. Hempstead, 25 Ark. 462, Cas. Ag. 496.

В§ 1S8. Agent must not mix principal's funds with

his own. — The agent must not mix his principal's funds

with his own, and if he does so he will be liable for

their loss. The principal may follow and recover his

money or property, so long as he can identify it, until

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