Gibbs v. Wright
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Before the Hon. G. Goldthwaite. This was an action of assumpsit brought by Gibbs against Wright. The declaration contains all the common counts. At the trial, the plaintiff proved, that he being indebted to one Arrington, and Arrington to the defendant, Wright, drew a draft for about $3,600 payable in Richmond, Ya. which Wright passed to the credit of Arrington, and Arrington to the credit of Gibbs.
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Writ of Error to the Circuit Court of Sumter. Before the Hon. G. Goldthwaite. This was an action of assumpsit brought by Gibbs against Wright. The declaration contains all the common counts. At the trial, the plaintiff proved, that he being indebted to one Arrington, and Arrington to the defendant, Wright, drew a draft for about $3,600 payable in Richmond, Ya. which Wright passed to the credit of Arrington, and Arrington to the credit of Gibbs. It also appeared, that Gibbs, at the time, claimed the difference in exchange on the draft, between Virginia and Alabama funds, but it did not appear…
1Opinion of the CourtCollier, C. J.
It is an established rule, that an admission made during, or in consequence of, a proposition to compromise, is inadmissible against the party making it. An offer to pay a sum of money, in order to purchase one’s peace and adjust a pending or threatened litigation, if not acceded to, cannot with propriety be called an admission, which can only be predicated of existing facts — it is an unaccepted proposition — a matter in feasance, which rather negatives, the present existence of what is proposed to be done. If such an offer carry orx its face the character of a peace offering, it *468s…
2Cases cited3 opinions
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- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1825
- Williams v. ThorpNew York Supreme Court · 1828
3Cited by2 opinions
- Hughes v. DanielSupreme Court of Alabama · 1914
- Hereford v. StateCourt of Criminal Appeals of Alabama · 1992