The principal may recover back money paid illegally or by mistake of his agent or goods wrongfully transferred by the agent, the party receiving the goods having notice of the agent's want of authority or willful misconduct.

(Orig. Code 1863, § 2183; Code 1868, § 2179; Code 1873, § 2205; Code 1882, § 2205; Civil Code 1895, § 3033; Civil Code 1910, § 3605; Code 1933, § 4-314.)

JUDICIAL DECISIONS

Section introduces no new rule.

- It authorizes a principal to recover back goods wrongfully transferred by the principal's agent, when the transferee had notice, but it does not change the rules regulating the rights of principals against parties dealing with special agents, or with general agents, who act beyond the scope of their agency. First Nat'l Bank v. Charles Nelson & Co., 38 Ga. 391, 95 Am. Dec. 400 (1868); Hawthorne v. Pope, 48 Ga. App. 239, 172 S.E. 574 (1934).

Knowledge of conversion.

- This section applies in all cases when the third person knew and participated in the illegal or unauthorized act of conversion. First Nat'l Bank v. Charles Nelson & Co., 38 Ga. 391, 95 Am. Dec. 400 (1868); Hawthorne v. Pope, 48 Ga. App. 239, 172 S.E. 574 (1934).

Cited in Bank of Oglethorpe v. Brooks, 33 Ga. App. 84, 125 S.E. 600 (1924); First Nat'l Bank v. Cooper, 252 Ga. 215, 312 S.E.2d 607 (1984).

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.

- 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.

Notice to salesman as chargeable to principal, 43 A.L.R. 745.

Necessity and sufficiency of notice of termination of authority of agent to purchase goods for mercantile business to charge one who has previously dealt with him, 43 A.L.R. 1219.

Agent's liability to principal on account of money or property received on latter's account, as affected by his restoration of same to, or his application thereof for benefit of, third person, 98 A.L.R. 1429.

Implied or ostensible authority to receive payments of principal of one who has authority to receive payments of interest, 111 A.L.R. 578.

Drawing of check on bank account of principal or employer payable to accused's creditor as constituting embezzlement, 88 A.L.R.2d 688.

Agent's authority to execute warrant of attorney to confess judgment against principal, 92 A.L.R.2d 952.

Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.

Syfert Injury Law Firm

2018 Georgia Code 10-6-63 | Car Wreck Lawyer

TITLE 10 COMMERCE AND TRADE

Section 6. Agency, 10-6-1 through 10-6-142.

ARTICLE 3 RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS

10-6-63. When principal may recover money or goods illegally or mistakenly paid or wrongfully transferred by agent.