Grimshaw v. Paul

Citations

• 76 Ill. 164

Syllabus

<p>1. Admissions—of deputy reverme collector not admissible to bind Ms principal. In a suit by a deputy United States collector against the principal collector, for compensation for services in collecting and remitting taxes on distilled spirits, in which the defendant testified that the deputy was to receive no pay, but was acting for the accommodation of his son, who was storekeeper under the revenue laws, and denied any promise to pay, it was held, that a letter written by a regular deputy of the defendant, who performed duty at the chief office, to the plaintiff, acknowledging the receipt of the taxes, and promising to send him a draft in a few days for his pay, in the absence of proof that his principal directed or even knew of the writing of the same, was not admissible as evidence against the defendant, such promise not being part of the res gestee, it having no relation to the subject of his acts.</p> <p>2. Same—of real parties in interest. The admissions of persons not parties to the record, hut who are the real parties in interest, are admissible in evidence in favor of the adverse party, such as the admissions of the cestui que trust of a bond, those of the persons interested in a policy of insurance in another’s name for their benefit, those of the ship owners in an action by the master for freight, those of the indemnifying creditor in an action against the sheriff, and those of the deputy sheriff in an action against the high sheriff for the misconduct of the deputy.</p>