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LAWS OF MARYLAND.
(if any) as may have been advanced or given by such
agent or agents, factor or factors, to such owner or owners,
proprietor or proprietors, or on payment of a sum of money
equal to the amount of the same, nor to prevent the said owner
or owners, proprietor or proprietors from demanding, recovering
or receiving from such person or persons, body or bodies
politic or corporate, any balance or sum of money remaining in
his, her or their hands, as the produce of the sale of such goods,
wares or merchandize, after deducting thereout the amount of
the money or negotiable instrument so advanced: Provided,
That in case of the insolvency of any such agent or agents,
factor or factors, the owner or owners, proprietor or proprietors
of the goods, wares or merchandize, so pledged and redeemed,
shall be held to have discharged pro-tanto, the debt due
by him, her or them, to the estate of such insolvents: And
provided
further, that nothing herein contained shall be construed
to deprive any principal or principals, or owner or owners, proprietor
or proprietors, of such goods, wares or merchandize as
aforesaid, of any remedy at law or equity, which principals,
owners or proprietors, might heretofore have had against their
agents or factors, on any matter of contract between them, or for
the violation of any engagement, duty or debt, for which such
agents or factors have heretofore been liable at law or equity,
subject nevertheless to the right of such agents or factors to be
allowed the benefit of any payments of any debt or damages recovered
and paid from and on such contracts aforesaid, by any
other person or persons, body or bodies politic or corporate. |
177
Dec. Ses. 1825.
Proviso. |
7. And be it enacted, That in all cases
where an agent or
factor shall have made a contract for the sale of goods, wares, or
merchandise, or shall have delivered the same in pursuance of
any such contract to any person or persons, body or bodies politic
or corporate, and such agent or factor, before the payment
of the purchase money of the same, shall have become
insolvent; it shall and may be lawful to, and for the principal, or
the owner or proprietor of the said goods, to ask, demand and
receive the said purchase money, from the person or persons,
body or bodies politic or corporate, so indebted therefor, and
such person or persons, body or bodies politic or corporate, so
indebted, shall have no benefit of set off, in any action which
may be brought for the recovery of the same, unless such claim
or demand of set off shall have arisen, or be created in a
course of dealings with the said agent or factor, acting in his
capacity of agent or factor for the same principal or owner, or
shall have arisen from previous advances of money or materials
found, or work, or labour done for the use, benefit or advantage
of the said principal, or owner or proprietor. |
Case of insolvency
of
agent. |
8. And be it enacted, That in no case
shall any claim or demand
of set off, of a debt due by an agent or factor, be allowed
against his principal, in favour of any person or persons, body
or bodies politic or corporate, receiving goods, wares or merchandise
as aforesaid, in pursuance of a contract of sale, or in |
Knowledge of
no authority |
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