Page:United States Reports, Volume 2.djvu/69

 Pbiladelobia Coun or Connrou Pius. 63 a&ually dif fed of, the lien was lolt; and even the {imple con- .17go. tract debt hid been extinguiihed, by taking bonds from the x/vs: ‘ vendee, not in the quality of Prin'.: agent, but in PalIard’.r own ‘ name. lf a Factor felis Goods for a principal, he may bring ‘ an action in his own name, or the action may be brought in the name of the principal againit the vendee. r Alb. 248. But when the debt is reduced `to a bond, the principle of the cafe no longer operates; the commercial relation of the parties is at an end, and the action can only be brought in the name of the ` Obligee. In Geyer ver/iu Smitbh Adminillrator, it was held, that the lien of a ereditc-r upon the Inteil:ate’s eftate was dellroy- ed by his taking abond from the Adminiitrator; and that the 0bligor’s calling himfelf Adminiitrator, in the bond, was furplu- {age; (ince he could be chargeable only in his own right. 1 Dall. Rqb. 34.*]. (n.) And in Cummings, veefu: Lyrm, the Court adjudged that the ailignment of Ce/{uy-que-my}, was not a valid allignment, within the act of Aifembly. r State La·w.r,Dall. Edit. p. roy. 1 Dall. Rep. 444. If a Factor, dies infolvent, the principal has no lien on the money, or eifecls, in the hands of the Adminiitrator, or Exeeutor; and it_wouId be a dewyfa- vit to fatisfy his claim in the liril inltancc, if there were debts . of a higher nature. I3 Vin. Abr. tit. -“ Fa£lor." 5. ` But an Attorney in fact, or Agent, may releafe the debt. 1 Dall. Rep. 449. And if he may releafe the debt in tm, he ma in part: Nor if he exceeds, in fo doing, his authority, will thal impair the rights of an innocent purchafer or releffee, though it will render hini_peri`onally liable to his principal; as he would be by giving further day of payment, whether the contract, or fecurity, was under feal, or not. Suppofe then, Pollard had le- gally alligned the bonds for a valuable eoniideration, would the ailigneesad iryimtum be mere Truitees for Price, though without notice of his claim? Or, independent of any bankruptcy, or ailignment, would it have been in the power of the Adminii'- trator of the Obligor, to clafs P¤IIard’.r debt merel with the debts of Gmple contract creditors? To maintaimthe allirma- tive of eilhcr of thefc points (which indeed the adverfe counfel muil endeavor to maintain) will be attended with inextrieable _ embarrailinent and mifchief. Bankruptcy is equivalent to pay- ment. Ca·uq>. 47 2. And the ailignees of a bankrupt, {land pre- ‘ cifely in the {hoes of the bankrupt. t. At}. 233. But what ihall be deemed the rights of the bankrupt would, by the fuccefs of the oppoiite doctrine, become matter of ineeffant doubt and litigation; and the ailignees would, at ever ilep, be entangled in the difliculty of underilanding, for whofii ufc his name lms been employed. .Fbi·1l·¢· plainly}, it was {lated, that Pollard was placed in two lituatxons 5--in one being half-part owner of certain {hipmems an

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