mitting him to draw and sell it at
all is impliedly a general command.

[Footnote e: 4 Inst. 109.]

[Footnote f: Noy's Max. c. 43.]

[Footnote g: 1 Roll. Abr. 95.]

IN the same manner, whatever a servant is permitted to do in the usual
course of his business, is equivalent to a general command. If I pay
money to a banker's servant, the banker is answerable for it: if I pay
it to a clergyman's or a physician's servant, whose usual business it
is not to receive money for his master, and he imbezzles it, I must
pay it over again. If a steward lets a lease of a farm, without the
owner's knowlege, the owner must stand to the bargain; for this is the
steward's business. A wife, a friend, a relation, that use to transact
business for a man, are _quoad hoc_ his servants; and the principal
must answer for their conduct: for the law implies, that they act
under a general command; and, without such a doctrine as this, no
mutual intercourse between man and man could subsist with any
tolerable convenience. If I usually deal with a tradesman by myself,
or constantly pay him ready money, I am not answerable for what my
servant takes up upon trust; for here is no implied order to the
tradesman to trust my servant: but if I usually send him upon trust,
or sometimes on trust, and sometimes with ready money, I am answerable
for all he takes up; for the tradesman cannot possibly distinguish
when he comes by my order, and when upon his own authority[h].

[Footnote h: Dr & Stud. d. 2. c. 42. Noy's max. c. 44.]

IF a servant, lastly, by his negligence does any damage to a stranger,
the master shall answer for his neglect: if a smith's servant lames a
horse while he is shoing him, an action lies against the master, and
not against the servant. But in these cases the damage must be done,
while he is actually employed in the master's service; otherwise the
servant shall answer for his own misbehaviour. Upon this principle,
by the common law[i], if a servant kept his master's fire negligently,
so that his neighbour's house was burned down thereby, an action lay
against the master; because this negligence happened in his service:
otherwise, if the servant, going along the street with a torch, by
negligence sets fire to a house; for there he is not in his master's
immediate service, and must himself answer the damage personally. But
now the common law is, in the former case, altered by statute 6 Ann.
c. 3. which ordains that no action shall