Whether a factor who sells under a del credere or guaranty commission becomes thereby a principal debtor to his prin-cipal * or only a surety, has been somewhat doubted; (b) if he be a principal debtor, his employer may demand the price of him without looking to the buyer. If he be only a surety, he is bound to pay only if the buyer does not. It appears to be now settled that he is still only a surety, and that recourse must be had first to the principal debtor, on whose default only the factor is liable;(c) not that the employer must sue the buyer before he sues the factor, but that he can sue the factor only because the buyer neglects or refuses to pay, and when he BO neglects or refuses. It seems, however, to be still held, that the promise of the factor to guarantee the debt is not within the Statute of Frauds, as a promise to pay the debt of another. (d) If he takes a note from the purchaser of the goods, this note belongs to his principal. But if he takes depreciated paper he must make it good. (e) If money be paid him, and he remits it, he does not guarantee its safe arrival, but is bound only to use proper means and proper care in sending it; (f) unless it is agreed that he shall guarantee the remittance, and may charge therefor a commission; in which case he is liable although he does not charge the commission. (g) He has the same claim on * his principal for advances as if he did not charge a commission.(ft)

(a) Morris v. Cleasby, 4 M. & Sel. 566; Thompson v. Perkins, 3 Mason, 232.

(b) Grove v. Dubois, 1 T. R. 112; Leverick v. Meigs, 1 Cowen, 645, 663, 664.