But if any one can make
 a claim on behalf of another, who is not appointed his agent, I ask why then, when
 Panurgus was slain, and an action was commenced against Fannius on the plea of injury
 sustained by the loss, you were made the agent of Roscius for that action? especially
 when, according to what you now say, whatever claim you made for yourself you made for
 him; whatever recompense you exacted for yourself, would belong to the partnership. But
 if nothing would have come to Roscius which you had got from Flavius, unless he had
 appointed you agent for his action, so nothing ought to come to you which Roscius has
 exacted for his share, since he was not appointed your agent.