Page:Halsbury Laws of England v1 1907.pdf/428

 —

—

Agency.

206 Sect.

consent is immaterial unless the third person had notice of the revocation at the time of the disposition (e), and the consent of the intrusted to principalis presumed in the absence of evidence to the contrary (/). "^^^tThe consideration may be either a payment in cash, or the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, or any other valuable consideration Pledge. In the case of a pledge of goods, however, by a mercantile agent, the pledgee only acquires a right to hold the goods against the principal for the full value of the condition, if the advance has been made in cash((/). If the goods are pledged to secure a debt due from the agent to the pledgee before the time of the pledge, the pledgee acquires no right to the goods beyond that which could have been enforced by the agent at the time of the pledge (^). And where the goods are pledged in exchange for other goods, documents of title, or negotiable securities, the pledgee acquires no right or interest in the goods so pledged in excess of the value of the goods, documents of title, or negotiable securities at the time of the exchange (k)

Goods

2.

etc.

.

Sub-Sect.

No

privilege

as a rule.

Exceptions.

4.

Privilege

from

Distress.

438. Where a principal intrusts goods to an agent, the goods ^j,^ ^^^^ general rule, privileged from distress for rent in respect of the premises on which they are at the time of the distress (l). But if the agent exercises a public trade or business {m), and the goods are delivered to him to be dealt with by him in the ordinary course of such trade or business (n), they are absolutely privileged from distress (o), provided that at the time of the distress they are upon premises occupied by him (p). The privilege, however, does not attach to the goods upon any other premises, even though they are there for the express purpose of being dealt with by the agent in the ordinary course of his trade or business (q).

Sect.

3.

— Contracts

Sub-Sect. Principal

may

orbe^sued^^^

1.

made hy Agent. In General.

439. Any Contract made by an agent with the authority of principal may be enforced, as a general rule (7-), by (s) or

his

obtained by larceny by a trick {Opx>enheimer v. Frazer, [1907] 2 K. B. 50, approving the dictum of Collins, L.J., in Calm v. PocJcetfs Bristol Channel Steam Packet Co., [1899] 1 Q. B. 643, at p. 659). (e) Factors Act, 1 889 (52 & 53 Yict. c. 45), s. 2 (2). (/) Ihid., s. 2 (4). ((/)

(?)

Ibid.,

J bid.

s. 5.

-

s. 4.

(k) Ibid. s. 5. (/)

Tapling & Co. v. ^Yeston (1883), 1 Cab. & El. 99. As that of an auctioneer (vlc/ams v. Grcxne (1833),

Williams 1 C. & M. 380 Holmes (1853), 8 Exch. 861), or factor {Oilman v. Mton (1821), 3 Brod. & Bing. 75), or wharfinger {Thompson v. Masliiter (1823), 1 Bing. 283). {n) But not for some other purpose {Ex jiarte Russell (1870), 18 W. E. 753). (rn)



V.

Eor the meaning of (0) See the cases cited in notes (m) and (n), supra. absolute privilege, see title Distress. {p) The premises may only be hired by him {Matthias v. Mesnard (1826), 2 C. & P. 353), but there must be a de facto occupation, though it may be temporary only or even by way of trespass {Brown v. Arundell (1850), 10 C. B. 54). {q) Lyons v. Elliott (1876), 1 Q. B. D. 210. (r) Eor the exceptions to this rule, see pp. 208 et seq. (s) And if the agent has begun an action against the other contracting party, the principal may intervene {Sadler v. Leigh (1815), 4 Camp. 195). -