The Chautauquan, Vol. 04, April 1884, No. 7Chautauqua Literary and Scientific Circle
Religion
The Chautauquan, Vol. 04, April 1884, No. 7
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
That it is particularly necessary in business life to have this
delegation of power, and this centralization of responsibility, needs
no explanation. The publisher of this magazine could be a publisher only
in imagination without it, for he would have no influence in his own
sanctum, except with himself; and we should feel no security in dealing
with a company with no recognized and responsible manager.
We have to deal with a fixed fact. Agency exists. The owners of
magnificent stores, the stockholders in the railroad and steamship lines
are all indebted to an army of agents whose active brains and eager
efforts keep cars and steamers in motion, purchase and sell goods, and
keep the accounts of the business world in proper balance.
How is an agency established? Our readers probably could answer this
question in part; try it and see if we are not right.
We must answer by remarking that it depends somewhat upon what is wanted
of an agent. Thus, if one be possessed of real estate, situated in some
distant place, and is desirous of making a sale, and of selecting and
commissioning some one to represent him in such a transfer of property,
the appointment would be by a power of attorney, executed as described in
our later article on real estate, “to which reference is hereby made.”
To represent another in ordinary business transactions one may act by
virtue of a written or verbal agreement. Thus, if A places goods in B’s
hands for the purpose of selling through B, this will be sufficient to
constitute an agency, and for the purposes of this business B is A’s
agent, and all would be protected in dealing with him in such capacity.
A bookkeeper in the counting room of his employer is fairly presumed to
have authority to receipt bills, to pay bills, render accounts, and in
some cases to make purchases, particularly if such part by him done has
been sanctioned by the merchant in the past. But he has no authority
to sign his employer’s name to notes, bills or checks unless specially
authorized.
A minor, though not capable of being a party to a contract himself,
may do so for an employer, and thus be an agent, and his principal is
responsible for his acts in such capacity, unless they be _tortious_, or
wrongs in themselves. There would obviously be no security for innocent
parties in fixing upon any other solution of the question of liability,
because if A permits B, though a minor, to act for him and thereby takes
advantage of his services in that capacity when they are favorable to his
interests, it would be inequitable for him to shift the responsibility
when it becomes onerous.
Public-domain text, read in full here on John Shaqi.
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