If money shall be paid to an agent by mistake and he in good faith shall pay it over to his principal, he shall not thereafter be personally liable therefor. In all other cases he shall be liable for its repayment. If money shall be paid by an agent by mistake, he may recover it in his own name.
(Orig. Code 1863, § 2186; Code 1868, § 2182; Code 1873, § 2208; Code 1882, § 2208; Civil Code 1895, § 3036; Civil Code 1910, § 3608; Code 1933, § 4-403.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, §§ 302 et seq., 308 et seq.
C.J.S.- 2A C.J.S., Agency, § 359.
ALR.
- Authority of agent to receive payment for commodities which he is authorized to sell, or for which he is to find market, 8 A.L.R. 203; 105 A.L.R. 718.
Personal liability of servant or agent to third person for injuries caused by the performance or nonperformance of his duties to his employer, 20 A.L.R. 97; 99 A.L.R. 408; 96 A.L.R.2d 208.
Right of a factor, commission merchant, or produce broker to sell property to protect advances, 40 A.L.R. 387.
Personal liability of agent in respect of funds received from third person and turned over to principal not entitled thereto, 82 A.L.R. 307.
Good faith in receiving payment made under mistake of fact as affecting its recovery, 87 A.L.R. 649.
Implied or ostensible authority to receive payments of principal of one who has authority to receive payments of interest, 111 A.L.R. 578.
Authority of agent who delivers commercial paper or other obligation to third person for collection, to receive payment of proceeds from the latter, so as to preclude principal's right to enforce payment of proceeds, 163 A.L.R. 1209.