Pomponius, On Plautius, Book III. If I should subsequently become the heir of a party in whose favor judgment has been rendered against me on account of security, I will be entitled to an action on mandate.

Pomponius, On Plautius, Book III. Julianus says that, if a wife promises her dowry to her surety, because she is indebted to him on account of his suretyship, after the marriage has taken place the husband can at once bring an action on mandate against the debtor; for the reason that he is understood to have lost money by means of which he could have paid expenses incurred during marriage. 1Where a party has become surety to deliver a slave for you, and he delivers another slave to the stipulator, he will not himself be released, nor will he release you; and therefore he will not be entitled to an action on mandate against you. But if the stipulator has obtained the said slave by usucaption, Julianus says that it must be held that there has been a release, and, in consequence of this, an action of mandate will lie, but only after usucaption has taken place.

Pomponius, On Plautius, Book III. Labeo says if there is no one who can be notified on the part of the promisor with reference to money which is to be transported, an instrument should be drawn up in the presence of witnesses, which will take the place of a notification.

Pomponius, On Plautius, Book III. When we stipulate that if the principal is not paid, a penalty shall be due every month, instead of the legal interest, even though a judgment may be obtained for the principal, the penalty will still continue to increase, because it is certain that the principal has not been paid.

Pomponius, On Plautius, Book III. A son under paternal control cannot make a novation of the action of his father, without the knowledge of the latter.

Pomponius, On Plautius, Book III. If payment of a sum of money which was not due should be made to an agent, proceedings can immediately be instituted under this stipulation against the agent, to compel ratification by the principal, so that it may be determined whether what has been improperly paid should be recovered from the principal, if he has ratified it; or whether a personal action should be brought against the agent, if the principal does not confirm the transaction. 1When an agent demands a tract of land, and gives security (as is customary) that his principal will ratify his act, and afterwards the principal sells the land, and the purchaser claims it, Julianus says that the stipulation that the transaction will be ratified becomes operative.