Sec 945

A factor is entitled to receive payment and give receipt for the price of goods sold;l though he is restricted to the reception of currency which is a legal tender;2 nor can he set off his private debt against the vendee.3 The same rule obtains as to an auctioneer in possession of goods, unless the conditions of sale limit him;4 though an auctioneer has no authority to receive an acceptance as cash.5 Authority to receive payment, however, is not ordinarily vested in a broker not entrusted with the possession of goods, unless a contrary business usage be shown.6 Whether a person sitting in an office or shop is entitled to receive payment depends upon whether he is then in a position of apparent trust.7 If he is obviously not an agent, the payment does not hold.8

Sec 946

Payment to one partner is a payment to the firm, each partner being a general agent of the firm for the collection of debts.9 It is otherwise, however, when the debtor knows that the firm has given notice that no firm debts should be paid to the partner in question, and when the payment is made in fraud of the firm, as where the debtor's debt to the partner is set off against the firm's claim against the debtor.1

Factors and auctioneers may receive payment, but not brokers.

Payment to one partner kinson V. Holloway, 7 Leigh, 277; Trumbull V. Nicholson, 27 Ill. 149; Child V. Dwight, 1 DeV. & Bat. Eq. 171; Jeter V. Haviland, 24 Ga. 252; Cost V. Genette, 1 Port. (Ala.) 212: Perkins V. Grant, 2 La. An. 328; Rai-ley V. Bagley, 19 La. An. 172; Garvin V. Lowry, 15 Miss. 24; Wright V. Daley, 26 Tex. 730; Walker V. Scott, 13 Ark. 644; and see cases supra, sec 943.

1 Wh. on Ag. sec 741; Drinkwater V. Goodwin, Cowp. 251; Hornby V. Lacy, 6 M. & S. 166; Fish V. Kempton, 7 C. B. 687.

2 Catterall V. Hindle, L. R. 1 C. B. 186; infra, sec 961.

3 Ibid.; infra, sec 1021.

4 Wh. on Ag. sec 642; Sykes V. Giles, 5 M. &W. 645; Williams V. Evans, L. R. 1 Q. B. 352; Taylor V. Wilson, 11 Met. 44; Broughton V. Silloway, 114 Mass. 71; Yourt V. Hopkins, 24 Ill. 326.

5 Williams V. Evans, L. R. 1 Q. B. 352; Townes V. Birchett, 12 Leigh, 173.

6 Wh. on Ag. sec 713; Baring V. Corrie, 2 B. & A. 137; Campbell V. Hassel, 1 Stark. 133; Irwine V. Watson, L. R. 5 Q. B. D. 102, 414; Higgins V. Moore, 34 N. Y. 417; Doubleday V. Kress, 50 N. Y. 410; Whiton V. Spring, 74 N. Y. 169; Peck V. Harriott, 6 S. & R. 149; Morris V. Ruddy, 5 C. E. Green, 236; Seiple V. Irwin, 30 Penn. St. 513.

7 Wh. on Ag. sec 128,130, 801; Kaye V. Brett, 5 Ex. 269; Barrett V. Deere, M. & M. 200; Butler V. Maples, 9 Wall. 766; Jeffrey V. Bigelow, 13 Wend. 518; Cosgrove V. Ogden, 49 N. Y. 255; Dows V. Green, 16 Barb. 72; Adams Ex. Co. V. Schlesinger, 75 Penn. St. 246; Anderson V. State, 22 Oh. St. 305; Lyell V. Sanborn, 2 Mich. 109; see Fleming V. Hector, 2 M. & W. 181; Harris V. Simmermann, 81 Ill. 413; Clark V. Smith, 88 Ill. 298; Eclipse Windmill Co. V. Thorson, 46 Iowa, 181; Fatman V. Leet, 41 Iud. 135; Golding V. Merchant, 43 Ala. 705.

8 Sanderson V. Bell, 2 Cr. & M. 304.

9 Leake, 2d ed. 910; Henderson V. Wild, 2 Camp. 561; Porter V. Taylor, is payment to firm.