| Oliver Lorenzo Barbour - Law reports, digests, etc - 1858 - 714 pages
...does in the lawful prosecution of that business is the act of the principal, whom he represents ; and where the acts of the agent will bind the principal,...representations, declarations and admissions respecting the subject matter will also bind him, if made at the same time, and constituting a part of the res gestce..... | |
| Law - 1859 - 256 pages
...the same distinction, of which notice has been already taken, between general and limited agents. For where the acts of the agent will bind the principal,...and admissions respecting the subject-matter will abo bind him, if made at the same time and constituting part of the res yestae. (Story's Com., sec.... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1861 - 634 pages
...the declarations of agents against their principals, is concisely stated by Judge Story as follows : "Where the acts of the agent will bind the principal,...representations, declarations and admissions respecting the subject matter, will also bind him, if made at the time and constituting a part of the res gestse."... | |
| Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1862 - 1112 pages
...writer who does not adopt it. It is well stated in Mr. Story's Principal and Agent at sect. 134: "For where the acts of the agent will bind the principal,...bind him, if made at the same time and constituting a part of the res gestae." And again, at sect. 135, he says: — "If the agent at the time of the contract... | |
| John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 584 pages
...refers to and adopts what is said by Mr. Justice Story in his Principal and Agent, §§ 134, 135, — "Where the acts of the agent will bind the principal,...bind him, if made at the same time and constituting a part of the res #70 —| ge*ta;." " If the agent at the time of "the contract makes any J representation,... | |
| Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...continuance of the partnership, and within the scope of iu HEARSAY. 131 principal, whom he represents. And, " where the acts of the agent will bind the principal, there his representations, declarations, and objects, binds all the others. It is considered the act of each, and of all, resultin;; from a general... | |
| Francis Hilliard - Damages - 1867 - 664 pages
...Barger, 24 Barb. 614. § 8. It is laid down, that " where the acts of the agent will bind the principal, his representations, declarations, and admissions,...at the same time, and constituting part of the res gestG." l § 9. The question whether mere admissions, independent of facts, are competent, sometimes... | |
| New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 858 pages
...the agent of the Respondents in procuring a loan for them from the Appellants, and it was contended, on the part of the Appellants, that Respondents were...made at the same time, and constituting part of the Opinion by PABKER, J. res gestas. The Court say : " Tlie declarations or representations of the agent,... | |
| Law - 1875 - 438 pages
...where the principle is discussed. It was remarked by Mr. Justice Story in his work on Agency (134), that "where the acts of the agent will bind the principal,...at the same time and constituting part of the res gestw." This rule is of universal acceptance, though a failure to give it close attention in its application... | |
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