Agent

According to the clearest and best established principles of equity, the agent who so acts becomes a trustee for his principal. He cannot hold the land under an entry for himself otherwise than as trustee for his principal.

Within the meaning of the rule as to the liability of a principal for the acts of an agent, such acts are within the "course of his employment" when the agent is endeavoring to promote his principal's business within the scope of the actual or apparent authority conferred upon him for that purpose. 190 IlL App. 65; 177 111. App. 239. • Workmen's Compensation Act. An injury occurs in the course of the employment, within the Workmen's Compensation Act, when it occurs within the period of employment, at a place where the employee may reasonably be, and while he is reasonably fulfilling the duties of employment or engaged in something incidental to it. 279 111. 11; 282 111. 489,

Defined under Course Of Employment in The Cyclopedic Law Dictionary.

See Principal and Agent.

One who represents and acts for another under the contract or relation of agency, q. v. Classification. Agents are either general or special. A general agent is one employed in his capacity as a professional man or master of an art or trade, or one to whom the principal confides his whole business or all transactions or functions of a designated class; or he is a person who is authorized by his principal to execute all deeds, sign all contracts, or purchase all goods, required in a particular trade, business, or employment. See Story, Ag. § 17; Butler v. Maples, 9 Wall. 766, 19 In Ed. 822; Jaques v. Todd, 3 Wend. (N. Y.) 90; Springfield Engine Co., v. Kennedy, 7 Ind. App. 507, 34 N. E. 856; Cruzan v. Smith, 41 Ind. 297; Godshaw v. Struck, 109 Ky. 285, 58 S. W. 781, 51 L. R. A. 668. A special agent is one employed to conduct a particular transaction or piece of business for his principal or authorized to perform a specified act. Bryant v. Moore, 26 Me. 87, 45 Am. Dec. 96; Gibson v. Snow Hardware Co.., 94 Ala. 346. 10 South. 304; Co.oley v. Perrine, 41 N. J. Law, 325, 32 Am. Rep. 210. Agents employed for the sale of goods or merchandise are called "mercantile agents," and are of two principal classes,—brokers and factors, a factor is sometimes called a "commission agent," or "commission merchant." Russ. Merc. Ag. 1. Synonyms. The term "agent" is to be distinguished from its synonyms "servant," "representative," and "trustee." A servant acts in behalf of his master and under the latter's direction and authority, but is regained as a mere instrument, and not as the substitute or proxy of the master. Turner v. Cross, 83 Tex. 218, 18 S. W. 578r 15 L. R. A. 262; People v. Treadwell, 69 Cal. 226, 10 Pac. 502. A representative (such as an executor or an assignee in bankruptcy) owes his power and authority to the law, which puts him in the place of the person represented, although the latter may have designated or chosen the representative. A trustee acts in the interest and for the benefit of one person, but by an authority derived from another person.

In international law. A diplomatic agent is a person employed by a sovereign to manage his private affairs, or those of his subjects in his name, at the court of a foreign government. Wolff, Inst. Nat. § 1237. In the practice of the house of lords and privy council. In appeals, solicitors and other persons admitted to practise in those courts in a similar capacity to that of solicitors in ordinary courts, are technically called "agents." Macph. Priv. Coun. 65.

— Agent and patient. A phrase indicating the state of a person who is required to do a thing, and is at the same time the person to whom it is done.

— Local agent. One appointed to act as the representative of a corporation and transact its business generally (or business of a particular character) at a given place or within a defined district. See Frick Co., v. Wright, 23 Tex. Civ. App. 340, 65 S. W. 608; Moore v. Freeman's Nat. Bank, 92 N. C. 594; Western, etc.. Organ Co., v. Anderson, 97 Tex. 482, 79 S. W. 517

— Managing agent. A person who is invested with general power, involving the exercise of judgment and discretion, as distinguished from an ordinary agent or employe, who acts in an inferior capacity, and under the direction and control of superior authority, both in regard to the extent of the work and the manner of executing the same. Reddington v. Mariposa Land & Min. Co... 19 Hun (N. Y.) 405; Taylor v. Granite State Prov. Ass'n, 136 N. Y. 343, 32 N. E. 992, 32 Am. St. Rep. 749; U. S. v. American Bell Tel. Co. (O. C.) 29 Fed. 33; Upper Mississippi Transp. Co. v. Whittaker, 16 Wis. 220; Foster v. Charles Betcher Lumber Co., 5 S. D 57, 58 N. W. 9, 23 L. R. A. 490, 49 Am. St. Rep. 859.

— Private agent. An agent acting for an individual in his private affairs; as distinguished from a public agent, who represents the government in some administrative capacity.

— Public agent. An agent of the public, the state, or the government; a person appointed to act for the Dublic in some matter pertaining to the administration of government or the public business. See Story, Ag. § 302; Whiteside v. United States, 93 U. S. 254, 23 L. Ed. 882.

— Real-estate agent. Any person 'whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. Act July 13, 1866, c. 49 ; 14 St. at Large, 118. Carstens v. McReavy, 1 Wash. St. 359, 25 Pac. 471.

One who acts upon employment in the name and place of another who is called the principaL An agent may be a special agent, an agent tV e., for the doing of a special act or acting in a special case; or a general agent, an agent i. e., to transact all business of a do. Agent and patient: doer and the doer of a thing and he to whom

One who undertakes to trans act some business, or to manage some affair, for another, by the authority and on account of the latter, and to render an account of it. 1 Liverm. Prin. & Ag. 67; 2 Bouv. Inst. 3. An agent is one who represents another called the “principal,” in dealings with third persons. Such representation is called ageney. Civil Code Dak. § 1337. The terms “agent” and “atiorney” are oft en used synonymously, Thus, a letier o power of attorney is constaitly spoken of a the formal instrument by which an agency is created. Paley, Ag. (Dunl. Ed.) 1, n. Classification. Agents are eibler general or special. A general agent is one employed in his capacity as a professional man or Inaster of an art or trade, or one to whom the principal confides his whole business or all transactions or functions of a designated class. A special agent is one employed to conduet a particular transaction or authorized lo perform a specified act. Agents employed for the sale of goods or merchandise are called “mercantile agents,” and are of two principal classes,—brokers and factors, (qg. v.,) a factor is sometimes called a “commission agent,” or “commission merehant.” Russ. Mere. Ag. 1. Synonyms. The term “agent” is to be distinguished from its synonyms “servant,” “representative,” and “trustee.” A seryant ucts in behalf of his master and under the latter's direction and authority, but is re garded as a mere instrument, and not as tha substitute or proxy of the master. <A representative (such as an executor or an assignee in bankruptcy} owes his power and authority tothe law, which puts him in the place of the person represented, although the flatter may have designated or chosen the representative, A trustee acts in the interest and forithe benefit of one person, but by an authority derived from another person.

In international law. A diplomatic agent is a person employed by a sovereign to Inanuge his private affairs, or those of his In the practice of the house of lords and privy council. In appeals, solicitors and other persons admitted to practise in those courts in a similar capacity to that of solicitors in ordinary courts, are technically called “agents.” Macph. Priv. Coun. 65.

[from Lat. agens, acting, one who acts, from agere, to act or do: Lat. procurator, vicarius.] One who acts for another; one who is employed by another to do any act for his benefit, or on his account. Story on Agency, § 3. A person who acts in the name and place of another, (who is called his principal,) by his authority or appointment, as his substitute, deputy, proxy, attorney, factor, &c. Agent is a nomen generalissimum, and includes factors and brokers, who are only a special class of agents. 2 Kent's Com. 622, note. See Paley on Agency. United States Digest, Principal and Agent.

contracts. One who undertakes to manage some affair to be transacted for another on account of the latter, who is called the principal, and to render an account of it. There are various descriptions of agents, to whom different appellations are given according to the nature of their employments; as brokers, factors, supercargoes, attorneys and the like; they are all included in this general term. The authority is created either by deed, by simple writing, by parol, or by mere employment, according to the capacity of the parties, or the nature of the act to be done. It is said to be general or special with reference to its object, 1. e. according as it is confined to a single act, or is extended to all acts connected with a particular employment. With reference to the manner of its execution, it is either limited or unlimited, i. e. the agent 1s bound by precise instructions (q. v.), or feft to pursue his own discretion. It is the duty of an agent, 1, To perform what he hae undertaken in relation to his agency. 2, Touse all necessary care. 3, To render an account. Pothier, Tr. du Contrat de Mandat, passim; Paley, Agency, 1 and2; 1 Liverm. Agency, 2; 1 Suppl. to Ves. Jr. 67, 97, 409; 2 Id. 153, 165, 240; 4 Bac. et seq.; and the articles Agency, Authority, and Principal.