 | New Jersey. Supreme Court - Law reports, digests, etc - 1916 - 848 pages
...agency, and in regard to the action then depending, he states the rationale of the doctrine to be that : "It is because it is a verbal act, and part of the res gestce, that it is admissible at all; and therefore it is not necessary to call the agent himself to... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1865 - 828 pages
...constituting part of the res gestae ; but the 'admission or declaration of the agent binds the principal only when it is made during the continuance of the...a transaction then depending ; et dum fervet opus ; and it is because it is a verbal act, and part of the res gettae, that it is admissible at all. Story... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1844 - 478 pages
...declined accepting it, until the whole (a) " The admission or declaration of the agent binds the principal only when it is made during the continuance of the...agency, in regard to a transaction then depending, etdwn fervet opus." I Greenl. Ev. pt . 2, ch. 5, § 113. "It is because it is a verbal act, and part... | |
 | Samuel Owen - Law - 1846 - 494 pages
...may be given in evidence against him ; but admissions or declarations of an agent bind him only when, made during the continuance of the agency, in regard to a transaction then depending et dumfervct opus. But conceding as we do for this purpose, ¿Ijat Mrs. Dwelly was the agent of her hus1>and... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 738 pages
...be given in evidence against him, but the admissions or declarations of his agent bind him only when made during the continuance of the agency in regard to a transaction then depending dum fervet opus. It Campbell vs. Hastings, Britton & Co. is because it is a verbal act, and part of... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1849 - 916 pages
...admission or declaration of an agent binds his principal only when it is made during the continuance of his agency in regard to a transaction then depending,...part of the res gestae, that it is admissible at all ; and therefore it is not necessary to call the agent himself to prove it; but whenever what he did... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...135, 136. (b) Story, Agency, § 134. (c) 1 Ph. ET. 381. DECLARATIONS OF AGENTS, WHEN ADMISSIBLE. 389 during the continuance of the agency, in regard to a transaction then depending, etdumfervet opus. It is because it is a verbal act and part of the res gesta, that it is admissible... | |
 | California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...may be given in evidence " against him ; but the admission or declaration of his agent " binds him only when it is made during the continuance of the...in regard to a transaction then depending, et dum " J "erect opus. It is because it is a verbal act and part of the " res gestw, that it is admissible... | |
 | Samuel Warren - 1853 - 520 pages
...given in evidence against him : but the admission or declaration of his agent, binds the principal only when it is made during the continuance of the...agency, in regard to a transaction then depending, et dumfervet opus. It is because it is a VERBAL ACT, and part of the res gesta, that it is admissible... | |
 | Samuel Warren - 1853 - 520 pages
...made during the continuance of the agency, in regard to a transaction then depending, et dumfervet opus. It is because it is a VERBAL ACT, and part of the res gestce, that it is admissible at all ; and therefore it is not necessary to call the agent himself... | |
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The party's own admission, whenever made, may be given in evidence against him ; but the admission or declaration of his agent binds him only when it is made during the continuance of the agency in regard to a transaction then depending, et dum fervet... 
