Greenfield v. Kennett
Supreme Court of New Hampshire
Assumpsit, for lumber sold. Trial by jury and verdict for the plaintiff. The defendant read in evidence a letter from the plaintiff, but was not allowed to read a postscript to it because the court found it contained an offer of compromise, and the defendant excepted. The plaintiff’s counsel in his closing argument said that he “ should be willing to try this case before a jury composed of parties with whom he [the defendant] had dealt.”
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Assumpsit, for lumber sold. Trial by jury and verdict for the plaintiff. The defendant read in evidence a letter from the plaintiff, but was not allowed to read a postscript to it because the court found it contained an offer of compromise, and the defendant excepted. The plaintiff’s counsel in his closing argument said that he “ should be willing to try this case before a jury composed of parties with whom he [the defendant] had dealt.” There was no evidence to support this statement. The defendant objecting, the plaintiff withdrew the remark and asked the jury not to consider it. The court…
1Opinion of the CourtYoungs, J.
An offer of compromise is not admissible against the party making it. Sanborn v. Neilson, 4 N. H. 501, 507; Plummer v. Currier, 52 N. H. 287, 296. "When the statement of a party, offered in evidence, is claimed to be an offer in compromise, its admissibility raises the preliminary question whether it is such an offer; and this question may be decided by the trial judge or, in his discretion, be submitted to the jury. Bartlett v. Hoyt, 33 N. H. 151; Field v. Tenney, 47 N. H. 513, 521. Being a question of fact, it is not reviewable here.
Whenever counsel in his closing argument goes outside the…
2Cases cited3 opinions
- Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
- Jordan v. WallaceSupreme Court of New Hampshire · 1891
- Perkins v. BurleySupreme Court of New Hampshire · 1888
3Cited by11 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Snider v. Washington Water Power Co.Washington Supreme Court · 1912
- Cranford v. O'SheaWashington Supreme Court · 1913
- Cochran v. GritmanIdaho Supreme Court · 1921
- Langdon v. AhrendsSupreme Court of Iowa · 1914
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