Jenness v. Jones
Supreme Court of New Hampshire
Trespass, quart clausum. The plaintiff introduced testimony? subject to the defendant’s exception, tending to show that the defendant made certain admissions in favor of the plaintiff in an interview had upon the premises after the action was brought for the purpose of settling the controversy and avoiding litigation. The defendant denied that he made the admissions.
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Trespass, quart clausum. The plaintiff introduced testimony? subject to the defendant’s exception, tending to show that the defendant made certain admissions in favor of the plaintiff in an interview had upon the premises after the action was brought for the purpose of settling the controversy and avoiding litigation. The defendant denied that he made the admissions. The jury were instructed (without exception), in substance, that if, in the course of negotiations for a compromise, the defendant made statements of fact in the nature of admissions they would be competent evidence; but if he…
1Opinion of the CourtParsons, J.
Whether justice inquired the allowance of the amendment adding an additional count to the declaration was a question of fact determinable at the trial term. Morgan v. Joyce, 66 N. H. 476; Broadhurst v. Morgan, 66 N. H. 480; Gage v. Gage, 66 N. H. 282, 292. The exception to the evidence admitted cannot be sustained. The rule is strictly held in this state that an offer to compromise is not to be shown on account of the tendency such a practice would have to discourage the settlement of disputes. But it is at the same time held with equal clearness that any independent admission, though made in…
2Cases cited2 opinions
- Draper v. Inhabitants of HatfieldMassachusetts Supreme Judicial Court · 1878
- Durgin v. SomersMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Theobald v. ShepardSupreme Court of New Hampshire · 1908
- Cavanaugh & McCaffrey, Inc. v. BarnardSupreme Court of New Hampshire · 1928
- Smith v. MorrillSupreme Court of New Hampshire · 1902
- Dunklee v. PriorSupreme Court of New Hampshire · 1922
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