Termination of agency. Id. ARTICLE VI. TERMINATION OF THE AGENCY. SECTION 1011, 1012. Termination of agency. § 1011. The agency is terminated as to every person having notice' of 1. The expiration of its term; 3. The death of the agent; or, 4. The incapacity of the agent to act as such. § 1012. Unless the power of the agent is coupled with an interest in the subject of the agency,' it is also terminated as to every person having notice of 1. Its revocation by the principal; 2. His death; or, 3. His incapacity to contract.* 1 Knapp v. Alvord, 10 Paige, 205; see Hunt v. Rousmaniere, 8 Wheat., 174. 2 Cassiday v. McKenzie, 4 Watts & Serg., 282. It may be doubted whether this clause is at present law in this State (see Houghtailing v. Marvin, 7 Barb., 412), as it certainly is not in England (Blades v. Free, 9 B. § C., 167); but, if not, it ought to be, in order to avoid the injustice of which Smout v. Ilbery (10 M. & W., 1), fur. nishes a striking example. Blades v. Free, 9 B. & C., 167. Story on Agency, §§ 485, 486. Insanity, not judicially declared, has been held to be no revocation (Wallis v. Manhattan Bank, 2 Hall, 495); but this was on the ground that otherwise the authority would be thereby revoked without notice, an objection which this sectiou obviates. CHAPTER II. PARTICULAR AGENCIES. ARTICLE I. Auctioneers. III. Shipmasters. ARTICLE I. AUCTIONEERS. SECTION 1013. Auctioneer's authority from the seller. 1014. Auctioneer's authority from the bidder. eer's § 1013. An auctioneer, in the absence of special autho- Auctionrity or usage to the contrary, has authority from the seller, authority 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; 3. To warrant, in like manner with other agents to sell, according to § 994.' 4. To prescribe reasonable rules and terms of sale;* 5. To deliver the thing sold, upon payment of the price;" 6. To collect the price;" 7. To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes. 1 Sto. Agency, § 108. 'Sto. Agency, §§ 60, 108. Sto. Agency, § 107. Sto. Agency, § 107. Brown v. Staton, 2 Chitt., 353. from the sellor. eer's autho § 1014. He has authority from a bidder at the auction, as Anctionwell as from the seller, to bind both by a memorandum of rity from the contract as prescribed in the title on SALE. the bidder. Factor defined. Authority of factor. Ostensible authority. § 1015. A factor is an agent, who is employed to buy or sell property in his own name, and who is entrusted by his principal with the possession thereof. § 1016. In addition to the authority of agents in general, a factor has actual authority from his principal, unless spe cially restricted: 1. To insure property consigned to him uninsured;1 2. To sell, on credit, anything entrusted to him for sale," except such things as are never sold on credit by dealers of ordinary prudence; but not to pledge, mortgage, or barter the same; 3. To delegate his authority to his partner or servant," but not to any person in an independent employment." 'Brisban v. Boyd, 4 Paige, 17. 2 Van Alen v. Vanderpool, 6 Johns., 72; Laussatt v. Lippincott, 6 Serg. & R., 386. See Sto. Agency, § 110; Delafield v. Illinois, 26 Wend, 192; 2 Hill, 159. 'Buckley v. Packard, 20 Johns., 421; Rodriguez v. Hefferman, 5 Johns. Ch., 429. T Guerriero v. Peile, 3 B. & A., 616. This seems to be reasonable, and is unquestionably the universal custom. W Moffatt v. Wood, 5 Seld. Notes, 14. § 1017. He has ostensible authority, as to persons having no notice that the property with which he deals is not his own, to deal with it in any manner.1 See title on PLEDGE. ARTICLE III. SHIPMASTERS. SECTION 1018. Authority of shipmaster. 1019. Personal liability for contracts relative to the ship. 1022. Powers on the voyage. 1023. Power to make contracts. 1024. Power to charter ship in foreign port. 1025. Power to hypothecate ship or sell part of the cargo. 1026. Engagement to ransom ship binds ship, freight money and cargo. 1027. Authority to sell the ship and cargo. 1028. Abandonment terminates master's power. of shipmas § 1018. A shipmaster is a general agent for the owner Authority of his ship in all matters concerning the same. He has ter. authority, if it is necessary to enable him to complete his voyage, and neither the owner of the ship nor his proper agent for such matters can be consulted without injurious delay, to borrow money on the credit of the ship. The Fortitude, 3 Sumn., 228; Weston v. Wright, 7 M. & 2 § 1019. Unless otherwise expressly agreed,' or unless the contracting parties give exclusive credit to the owner, the master is personally liable upon his contracts relative to the ship, even when the owner is also liable. Personal contracts to liability for the ship. acts or who are 1020. He is liable to third persons for the negligence of persons employed upon the vessel, not appointed by him, to the same extent as if they were. Denison v. Seymour, 9 Wend., 8. 1021. He is not responsible for the negligence of a pilot whom he is bound by law to employ, but if he is allowed an option between pilots, or required only to pay compensation to a pilot whom he does not choose to employ, he is so responsible. Story Ag., § 456, note. persons upon the employed ship. Power to make contracts. Powers on the voyage. Power to charter ship in foreign port. Power to hypothe sell part of cargo. § 1022. The master may procure all necessary repairs and supplies for the ship, and may engage goods and passengers for carriage, and his contracts for these purposes, bind the owner or other person mentioned in section to the full amount of the value of the ship and freight. 3 Kent Com., 161. § 1023. The master during the voyage has command of the ship, of the crew and of all on board, being responsible for the abuse of his command. § 1024. In a foreign port the master may bind the ship and freight-money by a charter-party. 3 Kent Com., 162. § 1025. The master of a foreign ship, in the absence of cate ship or the owners, or a majority of them, may, if necessary, hypothecate the freight-money as well as the ship, to raise money requisite for the completion of the voyage; and he may also sell a part of the cargo for the same pur Engage ment to ransom ship, bind pose. 3 Kent Com., 172, 173. § 1026. In case of capture of the ship, the master may engage to pay a ransom for it in money or in part of the ship, freight cargo, and his engagement will bind the ship, freight money and cargo. money and cargo. Authority to sell the ship § 1027. If the voyage is broken up beyond the possiand cargo. bility of pursuing it, the master may sell the ship and cargo for the benefit of the owners. Abandon ment termi Ib. § 1028. The power of the master to bind the owner, ter's power. ceases upon the abandonment of the ship and freight nates mas money to insurers. 3 Kent, 331. |