Agent cannot create tenancy in common by mingling goods.

- Special agent, by mingling the agent's own goods with those of the agent's principal, cannot create a tenancy in common. Hall v. Page, 4 Ga. 428 (1848).

Agent loses agent's property unless confusion was innocent.

- By virtue of this section if one fraudulently, willfully, or wrongfully mixes or confuses one's goods with those of another and cannot distinguish one's own, one will lose the goods; but when one does so innocently or by mistake, if one can distinguish them or show their value or their proportion of value to the whole, one ought in equity to be allowed to do so. The question is for the jury. Claflin & Co. v. Continental Jersey Works, 85 Ga. 27, 11 S.E. 721 (1890).

Agent liable for all mingled funds absent proof as to each source.

- When an administrator sold as a unit and for a lump sum four parcels of land, as to only two of which the administrator has obtained an order of court, the administrator in thus causing a confusion of funds brings upon oneself and one's security the burden of showing what proportion of the funds were derived from the sale of the other two parcels, in order to escape liability therefor; and, upon a failure to carry such burden the administrator was held liable for the entire sum. American Sur. Co. v. Pettie, 178 Ga. 26, 171 S.E. 916 (1933).

Agent must separate agent's own funds to claim the funds.

- Factor with whom property has been deposited who, after having made advancements to the owner upon the property, sells a portion of the property during the owner's lifetime and applies the proceeds thereof upon the indebtedness and sells the remainder of the property after the death of the owner, must, when one is entitled to the proceeds of the property sold before the death of the owner, but, by reason of a claim of the widow and minor children of the owner to a year's support, is not entitled to the proceeds of the property sold after the death of the owner, before one can assert one's claim to the proceeds of the property to which one is entitled, separate and distinguish them from the proceeds of the property sold after the death of the owner. Philpot v. Ramsey & Hogan, 47 Ga. App. 635, 171 S.E. 204 (1933).

Cited in Davis v. Wright, 194 Ga. 1, 21 S.E.2d 88 (1942).

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, § 224.

C.J.S.

- 2A C.J.S., Agency, § 317.

ALR.

- Responsibility of attorney, broker, or other agent depositing his principal's money in his own name or account for loss resulting from the failure of depository or depreciation of currency, 96 A.L.R. 798.

When statute of limitations commences to run against action by principal to recover money or other property from agent, 141 A.L.R. 361.

Liability of attorney for loss of client's money or personal property in his possession or entrusted to him, 26 A.L.R.2d 1340.