292

AGENTS AND FACTORS. [ART. 34.

Proviso.

them; provided, that such person or body corporate shall not have

notice.

notice by such document or otherwise, that the person so intrusted
is not the actual and bona fide owner of such goods, wares, and mer-
chandise.

Id s 4.
1825, c 182, s 3
When contract
with agent good
against owner

4. Any person or body corporate may contract with any agent or
factor intrusted with any goods, wares, or merchandise, or to whom
the same may be consigned, for the purchase thereof, and may re-
ceive from and pay for the same to such agent, and such contract
and payment shall be good against the owner, notwithstanding such
person shall have notice that the person making such contract, or

Proviso

on whose behalf such contract is made, is an agent or factor; pro-
vided, such contract and payment be made in the usual course of
business, and that such person or body corporate shall not when

Notice

such contract is entered into or payment made, have notice that
such agent or factor is not authorized to sell the goods, wares, or
merchandise, or receive the purchase-money for the same.

Id s 5
1825, c 182, s. 4
Goods, etc, in
pledge by agent.

S, If any person or body corporate shall take any goods, wares,
or merchandise, or any document mentioned in the third section, in
deposit or pledge from any person so intrusted with the same, or to
whom the same may be consigned, or who may be intrusted with
and in possession of any such bill of lading, storekeeper's or in-
spector's certificate, order for the delivery of goods, or other such
document showing possession, without notice as aforesaid, as a se-
curity for any debt or demand existing before the time of such de-

Bights of
pledgee.

posit or pledge, then such person shall acquire such right, title, or
interest as was possessed and might have been enforced by the per-
son from whom he received the same, and no more.

Id s 6
1825, c 182, s. 5
Rights of
pledgee

6. Any person or body corporate may take any goods, wares, or
merchandise, or any such document as aforesaid, in deposit or pledge
as a security for a pre-existing debt or demand from such agent or
factor, knowing him to be such, but with such notice they shall only
acquire the right or interest therein which was possessed by such
agent or factor at the time of the deposit or pledge, but if he shall

Notice

have notice that such agent or factor had no authority from his
principal to pledge or deposit the same or to part with the possession
thereof, in such case such person or body corporate shall acquire no
right or interest therein.

Id s. 7
1825, c 182, s 7
Insolvent agent
86 Md 396.

7. In all cases where an agent or factor shall have made a con-
tract for the sale of goods, wares, or merchandise, or shall have de-
livered the same in pursuance of any such contract to any person or
body corporate, and shall, before the payment of the purchase-money
for the same, have become insolvent, the principal or owner of the
said goods may demand and receive the said purchase-money from
the person or body corporate indebted therefor, 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.

set-off shall have arisen in a course of dealing with the said agent or