A G E , N C . Y . B o o k X X I I T ,
knowledged the right of the agent to the receipt of it.— As the debtor,'
however, in this inftance, fuffers an oppreffion from his credulity,
and it is not lawful for the oppreffed to opprefs others, he is not
allowed to take any thing from the agent, in cafe of the deftrudtion of
the thing given to him ;— unlefs, at the time of making the payment to
the agent, he had taken the agent himfelf :as fecurity for the reftitH-
tion, in the event of the abfent perfon’s denial of the agency; in which
cafe it would be lawful for him to retake whatever he may have paid,
as the agent became furety, and is confequently liable for it.
O b j e c t i o n .— T h e fecurity, in this cafe, ought not to be valid,
lince it is efiential to the validity of bail or fecurity that there be a debt
due by the furetee; and the furetee, in the prefent inftance, is the
conjlituent, who does not owe any debt.
R e p l y .— T h e fecurity is valid, becaufe it is referred to the period
when the conftituent (hall have received the fecond payment of :his-
debt; in which cafe he.is refponfible in the .conception of both the,
agent and the debtor; the fecurity as . therefore valid, in the prefent.
inftance, in the fame manner as in all other cafes. -, ■,
— If, on the other hand, a perfon lhould plead his being the agent of
a certain abfentee for the receipt of a debt due to him, and the debtor,,
without either verifying or falfifyinghis claim, remain filent, and yet-
pay the debt, and the proprietor o f the debt afterwards appear and
exa£t payment of it from the debtor, he (the debtor) is in this , cafe
entitled to a repayment from the agent, becaufe he did not verify the
agency; for in fadt he did, nothing elfe than make a payment in the
hope that it would be, aequiefeed in by the, cpnftituent; and, on his
being difappointed in this hope, hq is confequently entitled to an indemnification
from the agent.— The law is alfo the fame where the
debtor pays the debt to the.agent, after falfifying.his claim; as is obvious
from, the reafons. already .ftated’.—sU is . however to be obferved
that, in the, feveral cafes of verification,, faljtfication, otjilence, it is not
permitted to the debtor to retake the article from the agent, after the
delivery of it to him, until fuch time as the conftituent appears; be-
, ; : ' caufe
Chap. III. A G E N C Y . 53
caufe the payment he has made is the right of the conftituent from
probability, (as in the cafe of his verification^) or from conJlruBionr
(as in the cafe of his faljijication or Jilence,) fince it is poflible that the
abfentee may afterwards give his aflènt to it.—It is, therefore, the
lame, as if he had paid the debt to a Fazoolee, or unauthorized perfon,
in the hope that the proprietor, would confirm it ; in which cafe it is
not, lawful to.take back from the Fazoolee what he may have delivered
to him ; becaufe there exifts a poflibility of a confirmation of it by the.
owner; and alfo, becaufe it. is .a general rule that, when a perfon performs,
an a£t with any, particular,,.view or object, he; ought not to,
undo the-,..lame unlefs he be difappointed of the objçdt which,,
prompted it.
If a perfon plead his being the- agent of a certain perfon for the
receipt of a , depafit, and the truftee verify his alfertion, yet the law
does not award the delivery of the depofit by the truftee to this perfon,
fince (in oppofition to the preceding cafe of a debtor) the truftee
here, makes ân acknowledgment with refpedt to the property of an-
other.jjj-Ifj however, .the perfon in queftion plead that “ his father
“ having died, the faid depofit had devolved by inheritance to him,
“ ■ and that there were no other heirs,” and the truftee verify this, he
muft be directed to deliver the depofit to this perfon ; becaufe the
truft is no longer the father’s property, after his. deceafe ; and the
truftee, and the perfon in queftion are both agreed in its, being the property
of the heir :—the truftee, therefore, muft be diredted to deliver
his.truft ,to this .perfon, as being the heir.
If a perfon plead that he had purchafed a depofit from the proprietor
of it, and the truftee verify his alfertion, yet the truftee is
not entitled to deliver the depofit to him; becaufe the verification of
the truftee during the lifetime of the depofitor is an acknowledgment
with refpedt to the.property of another: and hence their aflertions:
(namely, that of the truftee and of the perfon . who prefers the claim)
Cafe o f a plea
o f agency
urged for the
receipt o f a-
truft, in ab-
fence o f the
constituent*
Aperfoncom-
'miffioned to
receive a truft,
on the plea o f
having pur ■
chafed it, is
not entitled
to receive it
from the truftee.
are