A Treatise On the Law of Indirect And Collateral Evidence

Cover A Treatise On the Law of Indirect And Collateral Evidence
A Treatise On the Law of Indirect And Collateral Evidence
John H John Henry Gillett
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Kiss t\ Lyon, 2 Blackf. 222; Placer Dec. 144; Singer Mfg. Co. V. Coon, 9 Co. V. Dickerson, 45 Cal. 12. §44 ADMISSIONS. 53 swer in the discharge of the duties of his position/ and since it excludes all mere voluntary statements and admissions. ' In cases where the declaration of a principal is admitted as against the surety, it is not conclusive. ' Suretyship undertak- ings may sometimes take the form of joint obligations, * or the principal may be dead. ^ These considerations may serve to broad...en the scope of evidence concerning admissions, but these subjects receive attention elsewhere. § 44. Receipts aud oral acknowledgments of others as ad- missions. — It is clear that a third person, to whom perform- ance is agreed to be made, may by receipt or admission made at the time of performance, acknowledge the same, and that such receipt or acknowledgment may be shown without further suppletory proof. ' This doctrine may be fairly rested on the ground of agency. Receipts taken by trustees have sometimes been admitted without calling the persons who executed them, and such a course might be defended as within the spirit of ^ Placer Co.

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