AGENT (Lat. agens ; from agere, to do).
One who undertakes to transact some busi ness, or to manage some affair, for another, by the authority and on account of the latter, and to render an account of it. 1 Livermore, Ag. 67 ; 2 Bouvier, Inst. 3.
The term is one of a very wide application, and includes a great many classes of persons to which distinctive appellations are given ; as, factors, brokers, attorneys, cashiers of banks, auctioneers, clerks, supercargoes, con signees, ships' husbands, masters of ships, and the like. The terms agent and attorney are often used synonymously. Thus, a letter or power of attorney is constantly spoken of as the formal instrument by which an agency is created. Paley, Ag., Dunl. ed. 1, n.
Who may be.
Many persons disqualified from acting for themselves, such as infants, persons attainted or outlaws, aliens, slaves, and others, may yet act as agents in the execution of a naked au thority. 1 Livermore, Ag. 32; Coke, Litt. 252 a; Story, Ag. 1. A feme covert may be the agent of her husband, and as such, with his consent, bind him by her contract or other act ; and she may be the agent of another in a contract with her husband. Bacon, Abr. Authority, B ; 6 N. H. 124 ; 3 Whart. Penn. 369; 16 Vt. 653. But although she is in general competent to act. as the agent of a third person, 7 Bingh. 565 ; 1 Esp. 142 ; 2 id. 511; 4 Wend. N. Y. 465, it is not clear that she can do so when her husband ex pressly dissents, particularly when he may be rendered liable for her acts. Story, Ag. 7. Persons non compos mends cannot be agents for others; nor can a person act as agent in a transaction where he has an ad verse interest or employment, 2 Ves. Ch. 317 ; 11 Clark & F. Hon. L. 714 ; 3 Beay. Rolls, 783 ' • 2 Campb. 203 ; 2 Chitty, Bail. 205 ; 30 Me.431 ; 24 Ala. N. s. 358; 3 Den. N. Y. 575; 19 Barb. N. Y. 595 ; 20 id. 470 ; 6 La. 407 ; 7 Watts, Penn. 472 ; and whenever the agent holds a fiduciary relation, he cannot contract with the same general binding force with his principal as when such a relation does not exist. Paley, Ag. 33-38 ; Story, Ag. 9 ; 1 Livermore, Ag. 416-433 ; 1 Story, Eq. Jur. a 308, 328 ; 4 Mylne & C. 134; 14 Ves. Ch. 290; 3 Sumn. C. C. 476; 2 Johns. Ch. N. Y. 251; 11 Paige, Ch. N. Y. 538 ; 5 Me. 420 ; 6 Pick. Mass. 198 ; 4 Conn. 717 ; 10 Pet. 269.
Extent of authority. The authority of the agent, unless the trary clearly appears, is presumed to include all the necessary and usual means of ing it with effect, 1 Livermore, Ag. 105 ;
Story, Ag. a 58, 85, 86 ; 5 Bingh. 442; 2 H. Blackst. 618 • 10 Wend. N. Y. 218 ; 6 Serg. & R. Penn. 146 ; 11 111. 177 ; 9 Mete. Mass. 91; 22 Pick. Mass. 85; 15 Miss. 365; 9 Leigh, Va. 387 ; 11 N. ; 6 Ired. No. C. 252 ; 10 Ala. N. s. 386 ; 21 id. 488 ; 1 Ga. 418 ; 1 Sneed, Tenn. 497 ; 8 Humph?. Tenn. 509 ; 15 Vt. 155 ; 2 McLean, C. C. 543 ; 8 How. 441. Where, however, the whole authority is ferred by a written instrument, its nature and extent must be ascertained from the strument itself, and cannot be enlarged by parol evidence. Story, Ag. a 76, 79 ; Paley, Ag,, Lloyd ed. 179, n. 5 ; 1 Taunt. 347 ; 5 Barnew. & Ald. 204 ; 7 Rich, So. C. 45 ; I Pet. 264 ; 3 Cranch, 415.
Generally, in private agencies, when an authority is given by the principal, 7 N. II. 253 ; 1 Done. Mich. 119 ; Ala. N. s. 755 ; 1 Bos. & P. 229; 3 Term, 592, to two or more persons to do an act, and no several authority is given, all the agents must concur in doing it, in order to bind the principal, though one die or refuse. Paley, Ag. 177 ; Story, A. 42 ; 3 Pick. Mass. 232 ; 2 id. 345 ; 6 id. 198 ; 12 Mass. 185 ; 23 Wend. N. Y. 324 ; 6 Johns. N. Y. 39; 9 Watts & S. Penn. 56; 10 Vt. 532: 12 N. H. 226 ; 1 Gratt. Va. 226.
The words jointly and severally, and jointly or severally, have been construed as authoriz ing all to act jointly, or each one to act sepa rately, but not as authorizing any portion of the number to do the act jointly. Paley, Ag., Lloyd ed. 177, note. But where the author ity is so worded that it is apparent the prin cipal intended to give power to either of them, an execution by a part will be valid. Coke. Litt. 49 b; Dy. 62; 5 Barnew. & Ald. 628. And generally, in commercial trans actions, each one of several agents possesses the whole power. For example, on a con signment of goods for sale to two factors (whether they are partners or not), each of them is understood to possess the whole power over the goods for the purposes of the consignment. 1 Livermore, Ag. 79 ; Story, Ag. 44; 3 Wils. 94, 114; 20 Pick. Mass. 59; 24 id. 13. In public agencies an authority executed by a majority will be sufficient. 1 Coke, Litt. 181 b; Comyns, Dig. Attorney, c. 15; Bacon, Abr. Authority, C; 1 Term, 592.