 | Law reports, digests, etc - 1888 - 884 pages
...— The act of an agent performed within the scope of his employment is tho act of his principal. And "where the acts of the agent will bind the principal,...the subject-matter will also bind him, if made at tho samo time, and constituting part of the res gestee ": Story on Agency, sees. 134-137. The admission... | |
 | Floyd Russell Mechem - Agency - 1889 - 1086 pages
...this question. Refering to the rule as stated by Mr Justice STORY in his treatise on Agency, § 134, that 'where the acts of the agent will bind the principal,...at the same time and constituting part of the res gesta.' The court speaking by Mr. Justice STRONG, said, ' a close attention to this rule, which is... | |
 | Law reports, digests, etc - 1889 - 1240 pages
...had the fruits of his agent's trespass, and where the acts of the agent will bind the principal, then his representations, declarations, and admissions,...bind him if made at the same time, and constituting a part of the res gestœ. These, declarations are in the nature of original evidence, and not hearsay.... | |
 | New York (State). Marine Court (New York), Daniel T. Robertson, Edward Jacobs - Law reports, digests, etc - 1889 - 484 pages
...question, referring to the rule, as stated by Mr. Justice STOBY, in his Treatise on Agency, g 134, that " 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 part of the res gesfrr.''... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1891 - 960 pages
...to special as to general agents, that, ' where the acts of the agent will bind the principal, then his representations, declarations, and admissions...at the same time, and constituting part of the res gestce.' He further observes that ' for most practical purposes, a party dealing with an agent, who... | |
 | Insurance law - 1892 - 1144 pages
...99) : " Referring to the rule as stated by Mr. Justice Story in his treatise on agency (section 134), that '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.' The court, speaking by Mr. Justice Strong, said : 'A close attention to... | |
 | Simon Greenleaf - Evidence (Law) - 1892 - 888 pages
...without their consent ? It seems difficult to find a satisfactory reason why an acknowledgment should representations, declarations, and admissions, respecting...at the same time, and constituting part of the res gestce. " 1 They are of the nature raise a new promise, when the consideration upon which alone it... | |
 | Floyd Russell Mechem - Agency (Law) - 1893 - 810 pages
...thia question. Referring to the rule as stated by Mr. Justice STORY in his treatise on Agency, § 134, that, " Where the acts of the agent will bind the...bind him, if made at the same time, and constituting port of the res gesta," the court, speaking by Mr. Justice STOET, said: "A close attention to this... | |
 | Albert Poole Jacobs, Henry Allen Chaney - Law reports, digests, etc - 1894 - 912 pages
...Blodgett, etc. Lumber Co., 94 M. 607 (54 N. W. 492). 295. Where an agent's acts will bind his principal, his representations, declarations and admissions respecting...bind him if made at the same time and constituting a part of the res gestce: Ayres v. Hubbard, 71 M. 594 296. In suit for the value of timber cut by defendant's... | |
 | Law reports, digests, etc - 1897 - 830 pages
...the act of the principal, and the rule is well stated by Mr. Justice Story, Story on Agency, § 134, "where the acts of the agent will bind the principal,...at the same time and constituting part of the res gestce. ' ' A close attention to this rule, which is of universal acceptance, will solve almost every... | |
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where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae. 
