Remedy for mistaken payment reaching principal is action against principal.

- If money is paid to an agent as the result of a mistake and the agent in turn pays the money in good faith to the agent's principal, the correct remedy of the payor is an action against the principal and not the agent. John L. Burns, Inc. v. Gulf Oil Corp., 268 F. Supp. 222 (N.D. Ga. 1967).

Question in suit against agent is whether agent has possession of money.

- In a suit against an agent to recover money voluntarily paid to the agent by mistake in fact, the controlling question in determining the agent's individual liability to repay the money is whether the agent still has the money in the agent's possession at the time of the suit or whether the agent had, before the suit was brought and before the agent had any notice of the mistake, paid over to the agent's principal the money received by mistake. Rogers v. Durrence, 10 Ga. App. 657, 73 S.E. 1083 (1912).

Agent not liable if subagents have paid it to principal.

- When there was testimony tending to show that the amount paid by a purchaser was paid in consequence of a mistake of fact, in that the plaintiff understood that the plaintiff was buying land, and it appears that the defendants acted in good faith, and the amount voluntarily paid to and received by their subagents or employees was in good faith paid over by the latter to the principal, before any notice of the alleged mistake was brought home to them, there was no personal liability on the part of the defendants. Pratt v. Foster, 18 Ga. App. 765, 90 S.E. 654 (1916).

Cited in Endicott v. Grogan, 86 Ga. App. 149, 70 S.E.2d 879 (1952).

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.