An action for goods sold and de-
livered cannot be maintained by
him who received a note as condi-
tional payment therefor, and has
passed away that note.
Harris v. Johnston,
2. If part of the goods were the sole
property of D. and the residue the
sole property of I. and if I. had au-
thority from D. to sell D's. part, I.
may maintain an action for the
whole in his own name.
id.
ib.
3. An action for money had and re-
ceived will not lie for the United
States against the assignees of a
bankrupt, for the price of a ship
sold by them as the property of the
bankrupt who had taken a false
oath to obtain a register; the ship
not having been seized by the Unit-
ed States for the forfeiture before
the sale and transfer.
United States v. Grundy & Thorn-
burgh,
337
4. Quere, whether an action for mo-
ney had and received, will lie fo
establish a forfeiture for an act
committed by a third person?
id.
A factor may be justified by the
orders of an agent, in deviating
from the written orders of the
principal.
3. An agent for collecting of debts
merely, is not a factor within the
13th section of the act of limita-
tions of Virginia.
A promise by a merchant's factor
that he would write to his princi-
pal to get insurance done, does not
bind the principal to insure.
Randolph v. Ware,