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The Maryland Code, Public General Laws, 1888
Volume 389, Page 6   View pdf image
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6 AGENTS AND FACTORS. [ART. 2.

have delivered 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 prin-
cipal 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 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.
Miller v. Lea, 35 Md. 408.

P. G. L., (1860,) art. 3, sec. 8. 1825, ch. 182, sec. 8.

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
merchandise as aforesaid, in pursuance of a contract of sale or in
deposit or pledge, unless such person or body corporate shall
have contracted for or received the same on deposit or pledge,
without knowledge that such agent or factor had no authority to
sell or deposit the same.

Ibid. sec. 9. 1825, ch. 182, sec. 6.

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 pref-
erence to all other creditors of such agent or factor.

Ibid. sec. 10. 1826, ch. 182, sec. 8.

10. 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 sucb

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 6   View pdf image
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