Marvin v. Richmond
New York Supreme Court
Replevin, tried at the Warren circuit in October, 1843, oe fore Willard, C. Judge. On the trial the plaintiff called one Harris as a witness, who was objected to on the ground of interest, which the defendants undertook to prove.
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Replevin, tried at the Warren circuit in October, 1843, oe fore Willard, C. Judge. On the trial the plaintiff called one Harris as a witness, who was objected to on the ground of interest, which the defendants undertook to prove. For that purpose they called a witness who testified that in May preceding the trial he heard Delano, one of the defendants, ask the plaintiff if this suit could not be settled; to which the plaintiff answered, he could not settle it, for he did not know any thing about it; that it was Mr. Harris’ doings, and Harris would have to foot it in the end, though commenced…
1Opinion of the Court
By the Court, Beardsley, J.
The evidence was competent against the plaintiff: it was not an offer for a compromise *59but an unqualified admission of a fact. This is the true distinction between such statements of a party as are admissible, and such as should be rejected on the principle that men must be allowed “to buy their peace” without prejudice. “If the terms ‘buy their peace’ are attended to,’ as is said in Buller's N. P., “ they will resolve all doubts on $his head of evidence ; but for an example I will add one case. If A. sue B. for 100l. and B. offer to pay him 202., it shall not be…
2Cases cited1 opinion
- Mead v. DegolyerNew York Supreme Court · 1837
3Cited by13 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- Matthews v. FarrellSupreme Court of Alabama · 1903
- Williams v. . SargeantNew York Court of Appeals · 1871
- Sebree v. SmithIdaho Supreme Court · 1888
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