Emerson v. Boynton

Massachusetts Supreme Judicial Court
Emerson v. Boynton, 77 Mass. 395 (Mass. 1858)

Emerson v. Boynton

Opinion of the Court

By the Court.

The rule excluding evidence of any oiler of compromise of a claim or suit is confined strictly to evidence of an offer to pay money or otherwise adjust the suit by way of accord and satisfaction ; but does not extend so far as to exclude independent facts admitted by a party during a conversation concerning such compromise. Marsh v. Gold, 2 Pick. 284. The evidence of the defendant’s statements in the present case clearly falls within the latter class, and the rule of law was correctly applied by the court. Exceptions overruled.

Reference

Full Case Name
Nathan Emerson v. Amos R. Boynton
Status
Published