52
“I admit,” says he, “that Roscius demanded his own share from Flavius; I admit that he left Fannius's right to make a similar demand entire and unimpaired; but I contend that what he got for himself became the common property of the partnership” than which nothing more tricky or more scandalous can be said. For I ask whether Roscius had the power to demand his share from the partnership, or not? If he could not, how did he get it? If he could, how was it that he did not demand it for himself? For that which is demanded for one's self, is certainly not exacted for another.
53
Is it so? If he had made a demand of what belonged to the entire partnership, all would equally have shared what then came in. Now, when he demanded what was a part of his own share, did he not demand for himself alone what he got? What is the difference between him who goes to law for himself, and him who is assigned as agent for another? He who commences an action for himself, makes his demand for himself alone. No one can prefer a claim for another except him who is constituted his agent. Is it not so? If her had been your agent, you would get your own, because he had gained the action. But he preferred this claim in his own name; so what he got he got for himself, and not for you.
