Massachusetts Supreme Judicial Court, 1858

Emerson v. Boynton

Emerson v. Boynton
Massachusetts Supreme Judicial Court · Decided October 15, 1858
77 Mass. 395

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.

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