ARTICLE V. Agent's delegation of his powers. Agent's unauthorized em ployment of DELEGATION OF AGENCY. SECTION 1259. Agent's delegation of his powers. 1260. Agent's unauthorized employment of sub-agent. S1259. An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:1 1. When the act to be done is purely mechanical ;2 2. When it is such as the agent cannot himself, and the sub-agent can, lawfully perform ;3 3. When it is the usage of the place to delegate such powers; or, 4. When such delegation is specially authorized by the principal.5 1 Ess v. Truscott, 2 M. & W., 385; see Powell v. Tuttle, 8 N. Y., 396; Moffatt v. Wood, Seld. Notes, 14; Newton v. Bronson, 13 N. Y., 593. ' Commercial Bank v. Norton, 1 Hill, 501; see Powell v. S 1260. If an agent employs a sub-agent without authority, the former is a principal, and the latter his sub-agent. agent, and the principal of the former has no connection with the latter. rightfully represents Story Agency, § 217 a.; Code of La., 2976. Sub-agent S 1261. A sub-agent, lawfully appointed, repreappointed sents the principal in like manner with the original agent; and the original agent is not responsible to third persons for the acts of the sub-agent. principal. See Althorf v. Wolfe, 22 N. Y., 355; Sadler v. Henlock, 4 E. & B., 570, 578. ARTICLE VI. TERMINATION OF AGENCY. SECTIONS 1262, 1263. Termination of agency. S 1262. An agency is terminated, as to every person having notice thereof, by: 1. The expiration of its term; 2. The extinction of its subject; 3. The death of the agent; 4. His renunciation of the agency; or, 5. The incapacity of the agent to act as such. Vail v. Judson, 4 E. D. Smith, 165. Termina tion of agency. S 1263. Unless the power of an agent is coupled a with an interest in the subject of the agency,' it is terminated as to every person having notice2 thereof, by: 1. Its revocation by the principal; 2. His death; or, 3. His incapacity to contract.* 1 2 4 Knapp v. Alvord, 10 Paige, 205; see Hunt v. Rousma niere, 8 Wheat., 174. Cassiday v. McKenzie, 4 Watts & Serg., 282; Ish v. Champney v. Coope, 34 Barb., 539; Megary v. Funtis, Story on Agency, §§ 485, 486. Insanity, not judicially CHAPTER II. PARTICULAR AGENCIES. ARTICLE I. Auctioneers. III. Shipmasters and pilots. IV. Ships' managers. ARTICLE I. Auctioneer's authority from the seller. Auction eer's autho. rity from AUCTIONEERS. SECTION 1264. Auctioneer's authority from the seller. S1264. An auctioneer, in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows: 1. To sell by public auction to the highest bidder;1 2. To sell for cash only,' except such articles as are usually sold on credit at auction; 3. To warrant, in like manner with other agents to sell, according to section 1241;3 4. To prescribe reasonable rules and terms of sale;' 5. To deliver the thing sold, upon payment of the price ;5 6. To collect the price; and, and 7. To do whatever else is necessary, or proper usual, in the ordinary course of business, for effecting these purposes. Sto. Agency, § 108. Sto. Agency, §§ 60, 108. Sto. Agency, § 107. Sto. Agency, § 107. 6 Brown v. Staton, 2 Chitt., 353. Minturn v. Main, 7 N. Y., 227. $1265. An auctioneer has authority from a bidder the bidder. at the auction, as well as from the seller, to bind both by a memorandum of the contract as prescribed in the Title on SALE. ARTICLE II. FACTORS. SECTION 1266. Factor, what. 1267. Actual authority of factor. 1268. Ostensible authority. $1266. A factor is an agent, as defined by section Factor, 1045. what. thority of $1267. In addition to the authority of agents in Actual augeneral, a factor has actual authority from his princi- factor. pal, unless specially restricted: 1. To insure property consigned to him uninsured ;1 2. To sell, on credit, anything intrusted to him for sale,' except such things as it is contrary to usage to sell on credit; but not to pledge, mortgage, or barter the same; and, 3. To delegate his authority to his partner or servant, but not to any person in an independent employment.7 'Brisban v. Boyd, 4 Paige, 17. 2 Van Allen v. Vanderpool, 6 Johns., 72; Laussatt v. Lip- See Sto. Agency, § 110; Delafield v. Illinois, 26 Wend., 4 Buckley v. Packard, 20 Johns., 421; Rodriguez v. Hef fernan, 5 Johns. Ch., 429. 'Guerriero v. Peile, 3 B. & Ald., 616. 'This seems to be reasonable, and is unquestionably the universal custom. "Moffatt v. Wood, 5 Seld. Notes, 14. S1268. A factor has ostensible authority to deal with the property of his principal as his own, in transactions with persons not having notice of the actual ownership. Ostensible authority. See sections 1249 and 1652. ARTICLE III. SHIPMASTERS AND PILOTS. Authority of shipmaster on be half of ship owner. Authority to borrow. Authority on behalf of owners of cargo. Power to make contracts. SECTION 1269. Authority of shipmaster on behalf of shipowner 1271. Authority on behalf of owners of cargo. 1272. Power to make contracts. 1273. Power to hypothecate. 1274. Master's power to sell ship. 1275. Master's power to sell cargo. 1276. Authority to ransom ship. 1277. Abandonment terminates master's power. 1278. Personal liability for contracts concerning the ship. 1279. Liability for acts of persons employed upon the ship. 1280. Responsibility for negligence of pilot. $1269. The master of a ship is a general agent for its owner in all matters concerning the same. S 1270. The master of a ship has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted, without injurious delay. The Fortitude, 3 Sumn., 228; Weston v. Wright, 7 M. & S1271. The master of a ship, during a voyage, is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interests, except to sell or hypothecate the same. Nelson v. Belmont, 21 N. Y., 36; 5 Duer, 310. 1272. The master of a ship may procure all its necessary repairs and supplies,1 may engage cargo and passengers for carriage, and in a foreign port, may enter into a charter-party; and his contracts for these purposes bind the owner to the full amount of the value of the ship and freightage. |