Iff) Sanderson V. Bell, 2 Cr. & Mee. 304 ; 4 Tyrwh. 244.

(/i) Baring v. Corrie, 2 B. & A. 137. Blackburne v. Scholes, 2 Camp. 343. See

Mynne v. Joliffe, 1 M. & Rob. 327.

(В«в– ) Blackburne v. Scholes, ubi sup.

(j) Todd V. Reid, 4 B. & A. 210, (which is, however, incorrectly reported, ^er

Parke, B., in Stewart v. Aberdein, 4 M. & TV. 224.) Russell v. Bangley, ibid. 395.

Bartlett v. Pentland, 10 B. & C. 760. Scott v. Irving, 1 B. & Ad. 605. The principal

may of course render such a transaction good by adopting it. Gibson v. "Winter, 5

B. & Ad. 99.

(A-) Per Abbott, L. C. J., in Russell v. Bangley, 4 B. <fe A. 395. Young v. White,

7 Beav. 506.

* For a discussion and application of this rule to the case of an attorney, see

Wilkinson v. HoUoway, 7 Leigh. 277.

PRINCIPAL AND AGENT. 191

Rights of thii'd Persons against Principal.

however, tlie usual course of trade warrants the receipt of a check,

note, or bill, payment in that way to an agent will discharge the

debior, unless indeed the agent be a particular one, and such a

course be inconsistent with his instructions. (Z) And though the

general rule is, as has just been stated, in the words of the late

learned Lord Chief Justice of the Queen's Bench, yet it is held,

that " where an insurance broker or other mercantile agent has

been employed to receive money for another, in the general course

of his business, and where the known general course of business is

for the agent to keep a running account with the principal, and to

credit him with the sums which he may have received, by credits

In account with the debtors, with whom he also keeps running ac-

counts, and not merely with moneys actually received, the above

rule cannot properly be applied, but it must be understood that,

where an account is bond fide settled, according to that known usage,

the original debtor is discharged, and the agent becomes the debt-

or, according to the meaning and intention, and with the authority

of the principal." {m) Payment to an agent, moreover, in order to

be good, must be specifically appropriated to the debt due to his

principal, not made upon a general account, {n) A factor is, by the

nature of his employment, authorized to receive payment for the

goods of which he disposes, yet a payment even to him will not

exonerate a debtor who has received express notice from the creditor

not to pay his factor, (o) However, if the creditor be indebted on

the balance of account to the factor, the debtor will be exonerated

by a payment to the latter: for a factor has, as we shall see in the

Fourth Book, a lien for the general balance of his account upon

the price of goods which he has sold, {p)

When money is due upon a Avrittcn security, such as a bill or

bond, it is the duty of the debtor, if he pay to an agent, to see that

such agent is in possession of the security, for otherwise it is said

(/) Thorold v. Smith, 11 Mod. Tl, 88. Ward v. Evans, 2 Ld. Raym. 930; 2 Sal.