ADMISSION,
in corporations or companies. The act of the corporation or company by
which an individual acquires the rights of a member of such corporation
or company.
2.
In trading and joint stock corporations no vote of admission is
requisite; for any person who owns stock therein, either by original
subscription or by conveyance, is in general entitled to, and cannot be
refused, the rights and privileges of a member. 3 Mass. R. 364; Doug.
524; 1 Man. & Ry. 529.
3.
All that can be required of the person demanding a transfer on the
books, is to prove to the corporation his right to the property. See 8
Pick. 90.
4.
In a Mutual Insurance Company, it has been held, that a person may
become a member by insuring his property, paying the premium and
deposit-money, and rendering himself liable to be assessed according to
the rules of the corporation. 2 Mass. R. 315.
ADMISSIONS,
in evidence. Concessions by a party of the existence of certain facts.
The term admission is usually applied to civil transactions, and to
matters of fact in criminal cases, where there is no criminal intent the
term confession, (q. v.) is generally considered as an admission of
guilt.
2.
An admission is the testimony which the party admitting bears to the
truth of a fact against himself. It is a voluntary act,which he
acknowledges as true the fact in dispute. [An admission and consent are,
in fact, one and the same thing, unless indeed for more exactness we
say, that consent is given to a present fact or agreement, and admission
has reference to au agreement or a fact anterior for properly speaking,
it is not the admission which forms a contract, obligation or
engagement, against the party admitting. The admission is, by its
nature, only the proof of a pre-existing obligation, resulting from the
agreement or the fact, the truth of which is acknowledged. There is
still another remarkable difference between admission and consent: the
first is always free in its origin, the latter, always morally forced. I
may refuse to consent to a proposition made to me, abstain from a fact
or an action which would subject me to an obligation ; but once my
consent is given, or the action committed, I am no longer at liberty to
deny or refuse either; I am constrained to admit, under the penalty of
dishonor and infamy. But notwithstanding all these differences,
admission is identified with consent, and they are both the
manifestation of the will. These admissions are generally evidence of
those facts, when the admissions themselves are proved.]
3.
The admissibility and effect of evidence of this description will be
considered generally, with respect to the nature and manner, of the
admission itself and, secondly, with respect to the parties to be
affected by it.
4.
In the first place, as to the nature and manner of the admission; it is
either made with a view to evidence; or, with a view to induce others
to act upon the representation; or, it is an unconnected or casual
representation.
5.
– 1. As an instance of admission made with a view to evidence may be
mentioned the case where a party has solemnly admitted a fact under his
hand and seal, in which case he is, estopped, not only from disputing
the deed itself, but every fact which it recites. B. N. P. 298; 1 Salk.
186; Com. Dig. Estoppel, B 5; Stark. Ev. pt. 4, p. 3 1.
6.
– 2. Instances of thing second class of admissions which have induced
others to act upon them are those where a man has cohabited with a
woman, and treated her in the front of the world as his wife, 2 Esp.
637; or where he. has held himself out to the world in a particular
character; Ib. 1 Camp. 245; he cannot in the one case deny her to be his
Wife when sued by a creditor who has supplied her with goods as such,
nor in the other can he divest himself of the character be has assumed.
7.
– 3. Where the admission or declaration is not direct to the question
pending, although admissible, it is not in general conclusive evidence;
and though a party may by falsifying his former declaration, show that
he has acted illegally andimmorally, yet if he is not guilty of any
breach of good faith in the existing transaction, and has not induced
others, to act upon his admission or declaration, nor derived any
benefit from it against his adversary, be is not bound by it. The
evidence in such cases is merely presumptive, and liable to be rebutted.
8.
Secondly, with respect to the parties to be affected by it. 1. By a
party to a suit, 1 Phil. Ev. 74; 7 T. R. 563; 1 Dall. 65. The admissions
of the party really interested, although he is no party to the suit,
are evidence. 1 Wils. 257.
9.
– 2. The admissions of a partner during the existence of a partnership,
are evidence against both. 1 Taunt. 104; Peake's C. 203 1 Stark. C. 81.
See 10 Johns. R. 66 Ib. 216; 1 M. & Selw. 249. As to admissions
made after the dissolution. of the partnership, see 3 Johns. R. 536; 15
Johns. R. 424 1 Marsh. (Kentucky) R. 189. According to the English
decisions, it seems, the admissions of one partner, after the
dissolution, have been holden to bind the other partner; this rule has
been partially changed by act of parliament. Colly. on Part. 282; Stat. 9
Geo. IV. c. 14, (May 9, 1828.) In the Supreme Court of the United
States, a rule, the reverse of the English, has been adopted, mainly on
the ground, that the admission is a new contract or promise, springing
out of, ana supported by the original consideration. 1 Pet. R. 351; 2
M'Lean, 87. The state courts have varied in their decisions some have
adopted the English rule; and, in others it has been overruled. 2 Bouv.
Inst. ii. 1517; Story, Partn. 324; 3 Kent, Com. Lect. 43, p. 49, 4th
ed.; 17 S. & R. 126; 15 Johns. R. 409; 9 Cowen, R. 422; 4 Paige, R.
17; 11 Pick. R. 400; 7 Yerg. R. 534.
10. – 3. By one of several persons who have a community of interest. Stark, Ev. pt. 4, p. 47; 3 Serg. & R. 9.
11. – 4. By an agent, 1 Phil. Ev. 77-82 3 Paley Ag. 203-207.
12.
– 5. By an attorney, 4 Camp. 133; by wife, Paley, Ag. 139, n. 2 Whart.
Dig. tit. Evidence, 0 7 T. R. 112 ; Nott & M'C. 374.
13.
Admissions are express or implied. An express admission is one made in
direct terms. An admission may be implied from the silence of the party,
and may be presumed. As for instance, when the existence of the debt,
or of the particular right, has been asserted in his presence, and he
has not contradicted it. And an aquiescence and endurance, when acts are
done by another, which if wrongfully done, are encroachments, and call
for resistance and opposition, are evidence, as a tacit admission that
such acts could not be legally resisted. See 2 Stark. C. 471. See,
generally, Stark. Ev. part 4, tit. Admissions; 1 Phil. Ev. part 1, c. 5,
s . 4; 1 Greenl. Ev. 169-212; 2 Evans' Pothier, 319; 8 East, 549, ii.
1; Com. Dig. Testemoigne, Addenda, vol. 7, p. 434; Vin. Abr. Evidence,
A, b. 2, A, b. 23 Ib. Confessions; this Dict. tit. Confessions,
Examination; Bac. Abr. Evidence L.; Toullier, Droit, Civil Francais,
tome 10, p. 375, 450; 3 Bouv. Inst. n. 3073.
ADMISSIONS,
of attorneys and counsellors. To entitle counsellors and attorneys to
practice in court, they must be admitted by the court to practice there.
Different statutes and rules have been made to regulate their
admission; they generally require a previous qualification by study
under the direction of some practicing counsellor or attorney. See 1
Troub. & Haly's Pr. 18; 1 Arch. Pr. 16; Blake's Pr. 30.
ADMISSIONS.
in pleading. Where one party means to take advantage of, or rely upon
some matter alleged by his adversary, and to make it part of his case,
he ought to admit such matter in his own pleadings; as if either party
states the title under which his adversary claims, in which instances it
,is directly opposite in its nature to a protestation. See Prote
stando. But where the party wishes to prevent the application of his
pleading to some matter contained in the pleading of his adversary, and
therefore makes an express admission of such matter (which is sometimes
the case,) in order to exclude it from the issue taken or the like, it
is somewhat similar in operation and effect, to a protestation.
2.
The usual mode of making an express admission in pleading, is, after
saying that the plaintiff ought not to have or maintain his action,
&c., to proceed thus, " Because he says that although it be true
that" &c.;repeating such of the allegations of the adverse party as
are meant to be admitted. Express admissions are only matters of fact
alleged in the pleadings; it never being necessary expressly to admit
their legal sufficiency, which is always taken for granted, unless some
objection be made to them. Lawes' Civ. Pl. 143, 144. See 1 Chit PI. 600;
Arcbb. Civ. PI. 215.
3.
In chancery pleadings, admissions are said to be plenary and partial.
They are plenary by force of terms not only when the answer runs in this
form, "the defendant admits it to be true," but also when he simply
asserts, and generally speaking, when be says, that "he has been
informed, and believes it to be true," without adding a qualification
such as, "that he does not know it of his own knowledge to be so, and
therefore does not admit the same." Partial admissions are those which
are delivered in terms of uncertainty, mixed up as they frequently are,
with explanatory or qualifying circumstances.
ADMISSIONS,
in practice, It, frequently occurs in practice, that in order to save
expenses as to mere formal proofs, the attorneys on each side consent to
admit, reciprocally, certain facts in the cause without calling for
proof of them.
2.
These are usually reduced to writing, and the, attorneys shortly, add
to this effect, namely, " We agree that the above facts shall on the
trial of this cause be admitted, and taken as proved on each side;" and
signing two copies now called, "admissions " in the cause, each attorney
takes one. Gresl. Eq. Ev. c. 2, p. 38.
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