Gomes v. Brodhurst

OPINION OF THE COURT

A week before trial of a negligence action against two defendants, plaintiff executed a document in favor of one defendant entitled “Covenant Not To Sue”, accepted $9,750 from him, and on the eve of trial withdrew his complaint as against that defendant. The other defendant, appellant in this case, moved for production of the document and amended his answer to allege that plaintiff had been, fully compensated.

At trial the document was not shown to the jury or alluded to. The court refused to allow defendant’s counsel to ask plaintiff if he had received payment. The jury…