An agent may maintain an action of tres pass or trover against third persons for inju ries affecting the possession of his principal's property; and when he has been induced by the fraud of a third person to sell or buy goods for his principal, and he has sustained a personal loss, he may maintain an action against such third person for such wrongful act, deceit, or fraud. Paley, Ag. 363 ; Story, Ag. 414, 415 ; 9 Barnew. &C. 208 ; 3 Camp b. 320; 1 H. Blackst. 81; 1 Barnew. & Ald. But his remedy for mere torts is confined to cases like the foregoing, where his "right of possession is injuriously invaded, or where he incurs a personal responsibility, or loss, or damage in consequence of the tort." Story, Ag. 416.
A sub-agent employed without the know ledge or consent of the principal has his re medy against his immediate employer only, with regard to whom he will have the same rights, obligations, and duties as if the agent were the sole principal. But where sub agents are ordinarily or necessarily employed in the business of the agency, the sub-agent can maintain his claim for compensation both against the principal and the immediate em ployer, unless the agency be avowed and exclu sive credit be given to theprincipal, in which case his remedy will be limited to the prin cipal. • 1 Livermore, Ag. 64-66; Story, Ag.
386, 387 ; Paley, Ag. 49; 6 Taunt. 147.
A sub-agent will be clothed with a lien against the principal for services performed and disbursements made by him on account of the sub-agency, whenever a privity exists between them. 2 Livermore, Ag. 87-98; Pa ley, Ag. 148, 149; Story, Ag. 388; 2 Campb. 218, 597 ; 2 East, 523; 6 Wend. N. Y. 475. He will acquire a lien against the principal if the latter ratifies his acts, or seeks to avail himself of the proceeds of the sub-agency, though employed by the agent without the knowledge or consent of the principal. Story, Ag. 389 ; 2 Campb. 218, 597, 598 ; 4 id. 348, 353. He may avail himself of his general lien against the principal by way of substitu tion to the rights of his immediate employer, to the extent of the lien of the latter. Story, Ag. 389 ; 1 East, 335 ; 2 id. 523, 529; 7 id. ; 6 Taunt. 147. And there are cases in which a sub-agent who has no knowledge or reason to believe that his immediate employer is acting as an agent for another, will have a lien on the property for his general balance. 2 Livermore, Ag. 87-92; Paley, Ag. 148, 149; Story, Ag. 390; 4 Campb. 60, 349, 353.
See INSURANCE AGENT.
Consult Livermore, Paley, Ross, Story, Agency; Addison, Chitty, Parsons, Story, Contracts; Cross, Lien; Kent, Commenta ries; Bouvier, Institutes.