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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 16   View pdf image (33K)
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16 AGENTS AND FACTORS. [ART. 3.

or owner of the said goods may demand and receive the said pur-
chase money from the person or body corporate indebted there-
for, and such person or body corporate shall have no benefit of
set-off in any action which may be brought for the recovery of
the same, unless such claim of set-off shall have arisen in a
course of dealing with the said agent or factor acting as such for
the same principal or owner, or from previous advances of
money or materials found, or work or labor done for the use or
advantage of the said principal or owner.

8. In no case shall any claim or demand of set-off of a debt due
by any agent or factor be allowed against his principal in favor
of any person or body corporate receiving goods, wares or mer-
chandise as aforesaid, in pursuance of a contract of sale or in de-
posit or pledge, unless such person or body corporate shall have
contracted for or received the same on deposit or pledge, without
a knowledge that such agent or factor had no authority to sell or
deposit the same.

9. The owner of any such goods, wares or merchandise in the
hands of an agent or factor unsold and not pledged, may demand
and recover the same from such agent or factor, or the trustee of
such agent or factor in the event of his insolvency, and in prefer-
ence to all other creditors of such agent or factor.

10. The said owner may also recover from any person or body
corporate, the sura agreed to be paid for the purchase of such
goods, wares or merchandise, subject, however, to the same right
of set-off on the part of such person or body corporate, against
such agent or factor as is hereinbefore provided in cases where
such agent or factor shall have become insolvent; and may de-
mand and recover from such person or body corporate such
goods, wares or merchandise so deposited or pledged, on re-pay-
ment of the money or restoration of the negotiable instrument so
advanced, and on payment of such further sum of money, or re-
storation of such other negotiable instrument (if any,) as may
have been advanced or given by such agent or factor to such-
owner, or on payment of a sum of money equal to the amount
of the same, or may recover from such person or body corporate
any balance or sum of money remaining in his or its hands as
the produce of the sale of such goods, wares or merchandise,
after deducting thereout the amount of the money or negotiable
instrument so advanced.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 16   View pdf image (33K)
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