V. Hills, 45 Conn. 44, 29 Am. Rep. 635; Adams V. Cost, 62 Md. 264,

50 Am. Rep. 211.

В§ 259. Principal's liability for agent's criminal

acts.— The principal may also be held liable in a civil

action for the criminal or penal act of his agent com-

mitted under the same circumstances. Thus the agent

may be prosecuted for assault and battery and the

principal be held liable in damages, as the result of the

same act.

The principal will not ordinarily be criminally liable

unless he has, in some way, participated in, counte-

nanced or approved the act; but he may become liable

to a penalty for permitting his agent to perform acts

which a statute has imposed a penalty for performing.

If, for example, a statute forbids, under penalty, the

sale of liquors to minors, or the keeping open of saloons

on Sunday, the principal will be liable for the penalty

If the forbidden act be done by the agent, even though

the principal had no knowledge of it.

See State v. Kittelle, 110 N. C. 560, 28 Am. St. Rep. 698; People

V. Roby, 52 Mich. 577, 50 Am. Rep. 270; State V. Armstrong, 106

Mo. 395, 16 S. W. Rep. 604, 27 Am. St. Rep. 361; Hall v. Norfolk &

West. R. Co., 44 W. Va. 36, 28 S. E. Rep. 754, 67 Am. St. Rep. 757;

Commonwealth v. Stevens, 153 Mass. 421, 26 N. E. Rep. 992, 25 Am.

St. Rep. 647, 11 L. R. A. 357; Commonwealth v. Joslin, 158 Mass.

482, 33 N. E. Rep. 653, 21 L. R. A. 449.

§§ 260-262.] DUTIES OF THIRD PERSONS TO AGENT.

139

CHAPTER XV.

OF THE DUTIES AND LIABILITIES OF THIRD PERSONS TO

THE AGENT.

В§ 260. In general.

1. In Contract.

261. Agent usually no right of

action.

262. Sealed instruments or ne-

gotiable instruments

made in agent's name.

В§ 3. Contracts made without

disclosing principal, etc.

264 What defences may be

made.

2. In Tort.

265. What actions maintaina-

ble.

§ 260. In general. — The question of the liability of

the third person to the agent may present the same two

aspects which have been noticed in the preceding sub-

divisions, namely, the liability: 1. In Contract. 2. In

Tort.

1. In Contract.

§261. Agent usually no right of action. — The

agent usually has no right of action against third per-

sons upon contracts made by him with them for his prin-

cipal. His duty is, in general, as has been seen, to act in

the name as well as for the benefit of his principal ; and

where he has done so, the rights of action must of course

accrue to th,e principal.

Exceptional cases, however, may arise which require

exceptions to the rule.

В§ 262. Sealed instruments or negotiable instru-

ments made in agent's name.— Thus, if, though acting

for the principal, the agent makes a contract under seal

In his own name, or if he takes a negotiable instrument

payable to himself alone, the action must be brought