ART. 34. ] AGENTS AND FACTORS.

factor acting as such for the same principal. or owner, or from previ-
ous advances of money or materials found, or work or labor done for
the use or advantage of the said principal or owner.

293

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 merchan-
dise as aforesaid, in pursuance of a contract of sale or on deposit
or pledge, unless such person or body corporate shall have con-
tracted for or received the same on deposit or pledge, without a
knowledge that such agent or factor had no authority to sell or de-
posit the same.

Id s 8.
1825, c 182. s 8.
Set-off of debt
due by agent as
against prin-
cipal.

0. 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.

Id s 9
1823, c 182, s 6
When owner of
goods, etc, may
recover from in-
solvent agent in
preference to
creditors

1 0. The said owner may also recover from any person or body
corporate, the sum 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 demand and recover
from such person or body corporate such goods, wares, or merchan-
dise so deposited or pledged, on repayment of the money or restora-
tion of the negotiable instrument so advanced, and on payment of
such further sum of money, or restoration 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

Id s 10
1825, c 182, s 6
Further reme-
dies of prin-
cipal

11. In case of the insolvency of any agent or factor, the owner
of the goods, wares, or merchandise so pledged and redeemed as
provided in the last preceding section, shall be held to have dis-
charged pro tanto the debt due by him to the estate of such in-
solvent.

Id s 11
1825, c 182, s 6
Discharge of
debt due by
owner to insol-
vent agent's
estate

12. No consignment of agricultural productions whatever, by
the grower or producer or other owner, to any commission merchant,
factor, agent, or other bailee or consignee, for the purpose of sale for
the use and benefit of such grower, producer, or other owner, shall
be deemed or taken to vest in such commission merchant, agent,
factor, or other bailee or consignee, any other title or right to such
articles consigned than the special right or title to sell and deliver
the same to a fair and bond fide purchaser for a valuable con-
sideration.

Id s 12
1849, c 293, 8 1
Consignment of
agricultural
productions to
confer right of
sale merely.