AGENTS AND FACTORS. 185

ARTICLE 2.

AGENTS AND FACTORS.

1. Who to be treated as true owner of consigned goods. Extent of con- signee's right. 2. Limitations upon consignee's rights. 3. When and how far holder of bill of lading or possessory document is to be deemed true owner. 4. Contracts between factor and third parties, and payments to factor when good against consignor. 5. Deposit or pledge by factor or holder of bill of lading or possessory docu- ment to third parties, for pre-exist- ing debt without notice. 6. Deposit or pledge by factor to third parties with notice. 7. Upon insolvency of factor, principal may collect unpaid purchase money. Set-off. 8. When set-off allowed. 9. Upon insolvency of factor, principal may recover unsold and unpledged goods. 10. Where third party entitled to set-off, principal may recover surplus of un-

paid purchase money or surplus over advances made to factor. 11. Owner redeeming goods pledged by insolvent factor to be held to have paid pro tanto any debt due by him to such factor. 12. Title and right of consignees of agri- cultural products. 13. Mortgage and pledge of agricultural products by consignee to be void. 14. Agricultural products unsold in hands of insolvent factor, not to pass to his trustee in insolvency. 15. Lien of consignee for advances to owner of agricultural products. 16. This article not to affect legal and equitable rights of owner against factor. 17. When real estate broker is entitled to commission. 18. Agent to file certificate giving name of principal. 19. " Agency Record " to be kept by clerk of court. 20. Rights of creditor against agent. Pen- alty for filing false certificate.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1825, ch. 182, sec. 1. 1849, ch. 293, sec. 1.
1. Any person intrusted for the purpose of consignment or sale with
any goods, wares or merchandise, except agricultural productions, and
who shall have shipped or consigned the same in his own name, and any
person in whose name any goods, wares and merchandise shall be shipped
or consigned by any other person, shall be taken to be the true owner
thereof, so far as to entitle the consignee to a lien thereon for any money
or negotiable security advanced or given to or for the use of the person
in whose name such goods, wares or merchandise shall be shipped or
consigned, or for any money or negotiable security received by him to the
use of such consignee, in the same manner as if such person were the
true owner.

The term " factor " defined. This section held to have no application where goods

were in a party's possession for the sole purpose of delivering them to the purchaser;

hence such party has no lien. When a factor has a lien. Rowland v. Dolby, 100

Md. 274.

As to fraud and conversion by factors of consigned goods, see art. 27, sec. 161, et seq.