Is an English, and the jprincipal a foreign merchant, ihe seller will

be considered as having given credit to the Englishman, and that

he, and not the foreigner, is liable, {u)

Though the foregoing observations chiefly refer to contracts,

the principal will be equally bound by any act done by the agent

m the course of his employment and with reference to the object

of it; for a man cannot depute another to transact his business and

refuse to be responsible for his conduct in transacting it. There-

fore, the representation of the agent about the subject matter of a

contract, which he is negotiating for his principal, will, if made du-

ring the course of that negotiation^ bind the latter ; (y) but it must be

made during^ and in the course of the negotiation, while the agent is

actually representing his principal therein, for if made at any other

time it has no more effect than that of a mere stranger, {lo) So a>so

the suppression or misrepresentation by an agent of a material fact

tract is in writing, for if the principal allow the agent to contract for him in his (the

agent's name), that name becomes, for the pm-poses of the contract, his own. True-

man V. Loder, 11 A. & E. 594.

{q) Tliompson v. Davenport, 9 B. & C. 78. 2 Smith's L. C. 212.

(r) For instances in which such alterations in the accounts have been treated aa

material, see Robinson v. Read, 9 B. <fc C. 449. "Wyatt v. Marquis of Hertford, 3

East, 147.

(s) See Th-ompson v. Davenport, Kymer v. Suwercropp, 1 Camp. 109.

{t) Kj'mcr V. Suwercropp, 1 Camp. 109.

(m) Paterson v. Gandasequi. Thompson v. Davenport

\v) Peto V. Hague, 5 Esp. 134. Phill. on Ev. 7th edit. Vol. I. p. 99.

(w) Phill. on Ev. ubi supra. Dawson v. Aiiy, 7 East, 367. Snowball v. Good-

ricke, 4 B. & Ad. 541.

PEINCIPAL AND AGENT. 189

Rights of third Persons against Principal.

Vitiates an insurance, although that fact may have been known

only to him, not to his principal ; (x) for notice to the agent is con-

sidered in law notice to the principal^ who is taken to know every

thing about a transaction that his agent in it knows, (y) and via

Versa, notice to the principal is, where that becomes material, gener-

ally speaking (2) at least, notice to the agent, (a) And as the agentV

representation binds the principal, so is the former's admission ol

a fact evidence against the latter of its truth. (Z>) But the admis

sion must, like the representation, concern a matter in which the

agent is employed to act for his principal, and must be made du-

ring, and in the course of such employment ; (c) to use the words of

Gibbs, J., in Langhorne v. Allnut, " where it is proved that A. is agent

for B., whatever A. does, or says, or writes in the making of a con-

tract as agent for B., is admissible in evidence, because it is part

of the contract which he makes for B., and therefore binds B. ; but