2o0 LIxiBlLlTY OF SALESMAN'fcJ BOOK-KEEPEll. 



otnur of cattle and Hip salesman's loolc-leejwr, who has received the 

 farmer's money from the salesman and entered it as such. The plaintifiP, 

 a country grazier, had sent three oxen by his drover to Smithfield, to be 

 sokl by a salesman, who employed the defendant (who was also employed 

 by several other salesmen) as his book-keeper. It was the business of 

 the latter to receive the money from the purchaser, and keep an account 

 of the beasts sold, distinguishing what each beast was sold for, and to 

 whom it belonged. \Alien that is done, the salesman sends an order to 

 the book-keeper, desiring him to pay. In this case the salesman owed 

 the defendant money, and refused to pay over the money received for 

 the plaintiff's cattle till his own debt from the salesman was satisfied. 

 The salesman became insolvent, and this action was brought. Lord 

 Kenyon C.J. said he was never clearer on a case in his life. By the 

 common law of the land the plaintiff is entitled to receive this money 

 from the defendant, and no custom whatever can deprive him of it. 

 There is not the least similitude between the case of a banker and the 

 present defendant. No privity whatever exists between the banker of a 

 factor and the principal whom he never heard of; but this defendant 

 knew that he was receiving this money for the use of the plaintifiP; he 

 entered his name in his book, and distinguished how much was due to 

 him. The plaintiff had a verdict. 



