Loeb v. Selig & Cromwell

Citations

• 120 La. 192
• 45 So. 100
• 1907 La. LEXIS 632

Syllabus

<p>1. Principal and Agent — Sales to Agent— Bbeach mr Trust.</p> <p>A person may sell to an agent personally who has no knowledge to put him on his guard of the agent’s breach of trust to his employer and principal in buying in his own name.</p> <p>2. Same — Payments—Recovery.</p> <p>The first sale was legal as between vendor and vendee, although the latter paid with money of his principal. The second sale was made by the agents, through the instrumentality of defendants. The cotton was sold to plaintiff in accordance with the directions of the agents. The agents to show their right as owners produced a bill of lading which they still held for the property.</p> <p>Upon representations of the agents and the bill of lading they held, defendants, in accordance with the agent’s advice, drew on them. Part of the amount was applied to payment of a debt due to them by the agents, and the remainder was paid by the agents.</p> <p>As to payment of the debt with the property of another, a discharged obligation by the payment of money or the delivery of some of those things which are consumed in the use, and the creditor has used them, in such a case neither the money nor the things can be reclaimed and the payment will be good. Giv. Code, art. 2138.</p> <p>As relates to payment of. remainder in cash, the agents of plaintiff, as well as plaintiff, cannot be the cause of defendants losing the sum paid by them in good faith upon the bill of lading produced.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>