Whatever may be the case with regard
to mere verbal admissions, which are
susceptible of various constructions,
and therefore have led the courts to
contradictory decisions upon the statute of limitations, or even with regard
to payments, if neither made by the
proper person nor clearly indicated to
be made upon the demand in question, an actual payment, which the law
presumes no man to make without a
motive, has been considered by all
good authority, when directly made
upon a demand and by a person having authority to pay, to be such a clear
and unequivocal admission of liability
as to take the demand out of statute.
A payment made by one, having
a joint interest and equally holden,
whether principal or surety, has the
same effect as a payment made by
all, and is an admission which takes
the demand out of the statute as to
all; each one, as to this purpose, being considered the agent of the others, and all having the benefit of the
payment, ought to bear the burden.
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This doctrine is necessary to preserve the symmetry of the law, (which
ought not to be departed from but
from necessity or by statute,) for the
admission of those jointly concerned
is binding even in trespass, conspiracy
and treason.29
He loved to tell stories. On a trip to
Washington after his retirement, he explained, “I have not been here since Gen.
Jackson lived in the White House. Then I
came to visit old friends. The General came
to me one day, and, slapping me on the
knee, said, ‘Why, Bradley, you hearty old
cock, what makes you so hale and merry
at your age?’
“’I don’t know, General,’ said I, ‘unless
it is that I hold no office, and do not want
one.’” Th