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ILLUSTRATIONS. (a.) A buýs from B, in good faith, a cow which B had stolen from C. The property in the cow is not transferred to A.
(6.) A, a merchant, entrusts B, his agent, with a bill of lading relating to certain goods, and instructs B not to sell the goods for less than a certain price, and not to give credit to D. B sells the goods to D for less than that price, and givés D three months' credit. The property in the goods passes to D.
(c.) A sells to B goods of which he has the bill of lading, but the bill of lading is made out for delivery of the goods to C, and it has not been indorsed by C. The property is not transferred to B.
(d.) A, B, and C are joint Hindu brothers who own certain cattle in common. A is left by B and C in possession of a cow,
hich he sells to D. D purchases bona fide. The property in the cow is transferred to D.
(e.) A, by a misrepresentation not amounting to cheating, induces B to sell and deliver to him a horse. A sells the horse to C before B has rescinded the contract. The property in the horse is transferred to C ; and B is entitled to compensation from A for any loss which B has sustained by being prevented from rescinding the contract.
(f.) A compels B by wrongful intimidation, or induces him by cheating or forgery, to sell him a horse, and before B rescinds the contract, sells the horse to C. The property is not transferred to C.
CHAPTER VIII.-OF INDEMNITY AND GUARANTEE. 128. The liability of the surety is co-extensive with that of Surety's liabilithe principal debtor, unless it is otherwise provided by the ty. contract.
ILLUSTRATION. A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonored by C. A is liable, not only for the amount of the bill, but also for any interest and charges which may have become due on it.
130. A continuing guarantee may at any time be revoked Revocation of by the surety, as to future transactions, by notice to the creditor. continuing
guarantee. ILLUSTRATIONS. (a.) A, in consideration of B's discounting, at A's request, bills of exchange for C, guarantees to B, for twelve months, the due payment of all
Ich bills to the extent of 5,000 rupees. B discounts bills for C to the extent of 2,000 rupees. Afterwards, at the end of three months, A revokes the guarantee.
This revocation discharges A from all liability to B for any subsequent discount. But A is liable to B for the 2,000 rupees, on default of C.
(b.) A guarantees to B, to the extent of 10,000 rupees, that C shall pay all the bills that B shall draw upon him. B draws
upon C. O accepts the bill. A gives notice of revocation. C dishonors the bill at maturity. A is liable upon his
guarantee. Liability of two 132. Where two persons contract with a third person to persone prima: undertake a certain liability, and also contract with each other rily liable, not affected by ar
that one of them shall be liable only on the default of the other, rangement be the third person not being a party to such contract, the liability tween them of each of such two persons to the third person under the first that one shall
contract is not affected by the existence of the second contract, be surety on other's default. although such third person may have been aware of its existence.
ILLUSTRATION. A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answer to a sait by
C against A upon the note. Discharge of
134. The surety is discharged by any contract between the surety by re
creditor and the principal debtor, by which the principal debtor lease or discharge of prin. is released, or by any act or omission of the creditor, the legal cipal debtor. consequence of which is the discharge of the principal debtor.
ILLUSTRATIONS. (a.) A gives a guarantee to C for goods to be supplied by C to B. C supplies goods to B, and afterwards B becomes embar. rassed, and contracts with his creditors (including C) to assign to them his property in consideration of their releasing him from their demands. Here B is released from his debt by the contract with C, and A is discharged from his suretyship. (6.) A contracts with B to grow a crop of indig
on A's land and to deliver it to B at a fixed rate, and C guarantees A's performance of this contract. B diverts a stream of water which is necessary for the irrigation of A's land, and thereby prevents him from raising the indigo. C is no longer liable on his guarantee.
(c.) A contracts with B for a fixed price to build a house for B within a stipulated time, B supplying the necessary timber. C guarantees A's performance of the contract. B
omits to supply the timber. C is discharged from his suretyship. Discharge of 135. A contract between the creditor and the principal surety when
debtor, by which the creditor makes a composition with, or
promises to give time to, or not to sne, the principal debtor, creditor comdischarges the surety, unless the surety assents to such contract. pounds with,
gives time to, or agrees not to sue, princi.
pal debtor. 136. Where a contract to give time to the principal debtor Surety not disis made by the creditor with a third person, and not with the charged when
contract made principal debtor, the surety is not discharged. ILLUSTRATION.
person to give
time to princiC, the holder of an overdue bill of exchange drawn by A as pal. surety for B, and accepted by B, contracts with M to give time to B. A is not discharged.
138. Where there are co-sureties, a release by the creditor of Release of one one of them does not discharge the others; neither does it free co-surety, the surety so released from his responsibility to the other does not dissureties.
charge others. 139. If the creditor does any act which is inconsistent with Discharge of the rights of the surety, or omits to do any act which his duty surety by to the surety requires him to do, and the eventual remedy of creditor's act or
omission imthe surety himself against the principal debtor is thereby im
pairing surety's paired, the surety is discharged.
remedy. ILLUSTRATION. (6.) C lends money to B on the security of a joint and several promissory note made in C's favour by B, and by A, as surety for B, together with a bill of sale of B's furniture, which gives power to C to sell the furniture, and apply the proceeds in discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realized. A is discharged from liability on the note.
145. In every contract of guarantee there is an implied Implied propromise by the principal debtor to indemnify the surety; and mise to indemthe surety is entitled to recover from the principal debtor nify surety. whatever sum he has rightfully paid under the guarantee, but no sums which he has paid wrongfully.
ILLUSTRATION. (b.) C lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the amount. C, the holder of the bill, demands payment of it from A, and, on A's refusal to pay, sues him upon the bill. A, not having reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. He can recover from B the amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action.
Authority of Agents. Agents autho
186. The authority of an agent may be expressed or imrity may be plied. expressed or implied. Definitions of 187. An authority is said to be express when it is given by express and
words spoken or written. An authority is said to be implied implied autho- when it is to be inferred from the circumstances of the case; rity.
and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case.
ILLUSTRATION. A owns a shop in Serampur, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A's funds with A's knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the
shop Extent of
188. An agent, having an authority to do an act, has authoagent’s author. rity to do every lawful thing which is necessary in order to do ity.
An agent having an authority to carry on a business has authority to do every lawful thing necessary for the purpose, or
usually done in the course of conducting such business. Liability of 237. When an agent has, without authority, done acts or principal induc. incurred obligations to third persons on behalf of his principal, ing belief that the principal is bound by such acts or obligations, if he has by agent's unauthorized acts
his words or conduct induced such third persons to believe that were authori. such acts and obligations were within the scope of the agent's zed. authority.
ILLUSTRATION. (6.) A entrusts B with negotiable instruments indorsed in blạnk. B sells them to C in violation of private orders from A. The sale is good.
CHAPTER XI.-OF PARTNERSHIP. Partner's liabi 249. Every partner is liable for all debts and obligations lity for debts incurred while he is a partner in the usual course of business by of partnership. or on behalf of the partnership; but a person who is admitted
as a partner into an existing firm does not thereby become liable to the creditors of such firm for any thing done before he became a partner.
fraud of co
any one of
250. Every partner is liable to make compensation to third Partner's liabipersons in respect of loss or damage arising from the neglect or lity to third fraud of any partner in the management of the business of the person for firm.
partner. 251. Each partner, who does any act necessary for, or usually Partner's done in, carrying on the business of such a partnership as that of power to bind which he is a member, binds his co-partners to the same extent co-partners. as if he were their agent duly appointed for that purpose.
Exception.-If it has been agreed between the partners that any restriction shall be placed upon
of them, no act done in contravention of such agreement shall bind the firm with respect to persons having notice of such agreement.
ILLUSTRATIONS. (a.) A and B trade in partnership, A residing in England, and B in India. A draws a bill of exchange in the name of the firm. B has no notice of the bill, nor is he at all interested in the transaction. The firm is liable on the bill, provided the holder did not know of the circumstances under which the bill was drawn.
(6.) A, being one of a firm of solicitors and attorneys, draws a bill of exchange in the name of the firm without authority. The other partners are not liable on the bill.
264. Persons dealing with a firm will not be affected by a Notice of dissolution of which no public notice has been given, unless dissolution. they themselves had notice of such dissolution.