
    Adams & Brother, plaintiffs in error, vs. A. S. Humphreys, defendant in error.
    1. The continuance was properly refused.
    2. The declarations of an agent are not competent evidence against his principal, where it does not appear when they were made.
    3. Where A orders goods for B, and they are shipped directly to the latter, but the bill, though made out against B, is sent to A, who forwarded the order, A has, at least prima facie, a right to collect as agent of the vendor of the goods.
   Trippe, Judge.  