 | John Pitt Taylor - Evidence (Law) - 1895 - 894 pages
...lawful prosecution of that business, is the act of the principal. As Mr. Justice Story observes, " where the acts of the agent will bind the principal,...at the same time, and constituting part of the res gestse." 7 They are original evidence and not hearsay; and, being regarded as verbal acts, they are... | |
 | Railroad law - 1896 - 746 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,...at the same time and constituting part of the res gestce * * * The party's own admissions, whenever made, may be given in evidence against him; but the... | |
 | Eugene Wambaugh - Agency (Law) - 1896 - 1100 pages
...writer who does not adopt it. It is well stated in Mr. Story's Principal and Agent at § 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 gestce." And again, at § 135, he says: "If the agent at the time of the contract... | |
 | Law reports, digests, etc - 1896 - 1190 pages
...the attempted adjustment of the account sued on were competent evidence against the defendant. "For, where the acts of the agent will bind the principal,...subject-matter will also bind him, if made at the time and constituting a part of the res geste." Story, Ag. § 134; 1 Greenl. Ev. § 116; Morse v. Railroad... | |
 | Law reports, digests, etc - 1896 - 1138 pages
...the attempted adjustment of the account sued on were competent evidence against the defendant. "For, where the acts of the agent will bind the principal,...respecting the subject-matter will also bind him, if made nt the time and constituting a part of the res gesta;." Story, Ag. § 184; 1 Greenl. Ev. § 110; Morse... | |
 | Law reports, digests, etc - 1896 - 1140 pages
...competent evidence against the defendant. "For, where the acts of the agent will bind the principal, then: his representations, declarations, and admissions...subject-matter will also bind him, if made at the time and constituting a part of the res gestie." Story, Ag. § 134; 1 Greenl. Ev. § 11G; Morse v.... | |
 | Burr W. Jones - Civil procedure - 1896 - 784 pages
...bind the principal, 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 yestae. ' Thus in an action for purchase money, the false representations of the vendor's agent made... | |
 | Law reports, digests, etc - 1897 - 930 pages
...lawful prosecution of that business, is the act of the principal whom he represents. And, where the act of the agent will bind the principal, there his representations,...at the same time and constituting part of the res ¡¡esta-. . . . The party's own admission, whenever made, may be given in evidence against him; but... | |
 | Norman Fetter - Carriers - 1897 - 874 pages
...principal whom he represents; and, when the acts of the agent will bind the principal, his declarations respecting the subject-matter will also bind him, if made at the same time, and constituting part of • Wright v. Railroad Co., 34 Ga. 330. The declaration of the conductor at the time or an accident,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1898 - 728 pages
...reason that they are admissible at all. As stated by Mr. Story, the rule is "that where the acts of an agent will bind the principal, there his representations,...bind him, if made at the same time, and constituting a part of the res gestae": I Story on Agency, 134. The agent is the representative of the principal... | |
| |
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. 
