to repay on suit by party entitled thereto.

An agent receiving money for his principal in pursuance of a valid authority without fraud, duress or mistake, is not liable to an action in behalf of the person who is ultimately entitled to the money, for neglecting to pay the same upon request, and before it was paid over to the principal. Colvin v. Holbrook, 2 N. Y. 126; Costigan v. Newland, 12 Barb. (N. Y.) 456. See also Sec. 384.