What is AGENT? Definition of AGENT in Black's Law Dictionary
A person authorized by another to act for him, one intrusted with another's business. Downs v. Delco-Light Co., 175 La. 242, 143 So. 227. One who represents and acts for another under the contract or relation of agency, q. v. Fowler v. Cobb, Mo.App., 232 S.W. 1084. A business rep- resentative, whose function is to bring about, mod- ify, affect, accept performance of, or terminate contractual obligations between principal and third persons. Saums v. Parfet, 270 Mich. 165, 258
N.W. 235. One who undertakes to transact some business, or to manage some affair, for another, by the authority and on account of the latter, and to render an account of it. 1 Livermore, Ag. 67. See Co.Litt. 207; 1 B. & P. 316; Thomas B. Jeffrey Co. v;Lockridge, 173 Ky. 282, 190 S.W. 1103, 1105. One who acts for or in place of another by author- ity from him; a substitute, a deputy, appointed by principal with power to do the things which prin- cipal may do. Stephenson v. Golden, 279 Mich. 710, 276 N.W. 849. One who deals not only with things, as does a servant, but with persons, using his own discretion as to means, and frequently establishing contractual relations between his principal and third persons. Rendleman v. Niag- ara Sprayer Co., D.C.I11., 16 F.2d 122, 124. See, also, State v. Bond, 94 W.Va. 255, 118 S.E. 276, 279.
Agent and patient. A phrase indicating the state of a person who is required to do a thing, and is at the same ti me the person to whom it is done ; as, when a man is indebted to another, and he appoints him his executor, required to pay the debt in his capacity of executor, and entitled to receive it in his own right. Termes de la Ley.
Apparent agent or ostensible agent. One whom the prin- cipal, either intentionally or by want of ordinary care, induces third persons to believe to be his agent, though he has not, either expressly or by implication, conferred authority on him. Ware v. Home Mut. Ins. Ass'n of Iowa, 135 Neb. 329, 281 N.W. 617, 620. A person who, whether or not authorized, reasonably appears to third person, because of manifestations of another, to be authorized to act as agent for such other. Hansche v. A. J. Conroy, Inc., 222 Wis. 553, 269 N.W. 309, 312.
Diplomatic agent. A person employed by a sovereign to manage his private affairs, or those of his subjects in his name, at the court of a foreign government. Wolff, Inst. Nat. § 1237.
General agency business. One not engaged as agent for single firm or person, but holding himself out to public as being engaged in business of being agent. Comer v. State Tax Commission of New Mexico, 41 N.M. 403, 69 P.2d 936.
General agent. One employed in his capacity as a pro- fessional man or master of an art or trade, or one to whom the principal confides his whole business or all transactions or functions of a designated class ; or he is a person who is authorized by his principal to execute all deeds, sign all contracts, or purchase all goods, required in a particular trade, business, or employment. See Story, Ag. § 17; Thompson .v. Michigan Mut. Life Ins. Co., 56 Ind.App. 502, 105 N.E. 780, 782; Little v. Minneapolis Threshing Mach.
Co., 166 Iowa 651, 147 N.W. 872, 873. One empowered to transact all business of principal at any particular time or any particular place, a general manager. Abuc Trading & Sales Corporation v. Jennings, 151 Md. 392, 135 A. 166, 173. An agent to manage buildings and lease and collect the rents, Daniel v. Pappas, C.C.A.Okl., 16 F.2d 880, 883. An agent empowered to enter into contracts without consult- ing insurer, notwithstanding restriction of his territory, London & Lancashire Ins. Co. v. McWilliams, 215 Ala. 481, 110 So. 909, 910.
Local agent. One appointed to act as the representative of a corporation and transact its business generally (or business of a particular character) at a given place or within a defined district. See Frick Co. v. Wright, 23 Tex. Civ.App. 340, 55 S.W. 608; Moore v. Freeman's Nat. Bank, 92 N.C. 594.
Managing agent. A person who is invested with general power, involving the exercise of judgment and discretion, as distinguished from an ordinary agent or employee, who acts in an inferior capacity, and under the direction and control of superior authority, both in regard to the extent of the work and the manner of executing the same. Redd- ington v. Mariposa Land & Min. Co., 19 Hun, N.Y., 405; Taylor v. Granite State Prov. Ass'n, 32 N.C. 992, 136 N.Y. 343, 32 Am.St.Rep. 749. One who has exclusive supervision and control of some department of a corporation's busi- ness, the management of which requires of such person the exercise of independent judgment and discretion, and the exercise of such authority that it may be fairly gaid that service of summons upon him will result in notice to the corporation. Federal Betterment Co. v. Reeves, 73 Kan. 107, 84 P. 560, 4 L.R.A.,N.S., 460; Hatinen v.
Payne, 150 Minn. 344, 185 N.W. 386, 387. As used in sec- tion 4274, Wilson's Statutes of Oklahoma 1903, Ann., an agent whose agency extends to all the transactions of the corporation within the state; one who has or is engaged in the management of the business of the corporation, in distinction from the management of a local or particular branch or department of said business. Waters Pierce Oil Co. v. Foster, 52 Okl. 412, 153 P. 169, 171.
Mercantile agents. Agents employed for the sale of goods or merchandise are called "mercantile agents," and are of two principal classes,—brokers and factors (q. v.); a factor is sometimes called a "commission agent," or "commission merchant." Russ. Mere. Ag. 1.
Practice of the House of Lords and Privy Council. In appeals, solicitors and other persons admitted to practice in those courts in a similar capacity to that of solicitors in ordinary courts, are technically called "agents." Macph. Priv. Coun. 65.
Private agent. An agent acting for an individual in his private affairs; as distinguished from a public agent, who represents the government in some administrative capac- ity.
Public agent. An agent of the public, the state, or the government; a person appointed to act for the public in some matter pertaining to the administration of govern- ment or the public business. See Story, Ag. § 302; White- side v. United States, 93 U.S. 254, 23 L.Ed. 882.
Real-estate agent. Any person whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to col- lect rent for others. Act July 13, 1866, c. 184, § 9, par. 25; 14 St. at Large, 118. Carstens v. McReavy, 1 Wash.St. 359, 25 P. 471.
A special agent is one employed to conduct a particular transaction or piece of business for his principal or author- ized to perform a specified act. Hinkson v. Kansas City Life Ins. Co., 93 Or. 473, 183 P. 24, 29; Pettijohn v. St. Paul Fire & Marine Ins. Co., 100 Kan. 482. 164 P. 1096. 1097; Hoffman v. Marano, 71 Pa.Super.Ct. 26, 28.
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