Loomis v. Cline
New York Supreme Court
In Equity. The bill in this cause was originally filed in the court of chancery, to procure the cancellation of certain notes charged to have been given to John Cline, upon the illegal consideration that the complainant should not be prosecuted for an assault and battery with an intent to commit a rape upon the person of Patty Ann Cline, the daughter of the defendant John Cline, of which felony the complainant was accused.
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In Equity. The bill in this cause was originally filed in the court of chancery, to procure the cancellation of certain notes charged to have been given to John Cline, upon the illegal consideration that the complainant should not be prosecuted for an assault and battery with an intent to commit a rape upon the person of Patty Ann Cline, the daughter of the defendant John Cline, of which felony the complainant was accused. Most of the evidence was taken before an examiner, and the residue at a special term of this court, before Justice Mason, who heard the cause in March, 1848, and decreed…
1Opinion of the Court
By the Court, Morehouse, J.
From a particular examination and analysis of the evidence in this case, it is enough to say, without reviewing it here, that the justice had not only strong but satisfactory grounds for deciding that the parties intended the settlement should extend so far as to cover up and prevent a criminal prosecution; or in other words, the compounding of a felony. The disavowal of such intention during the negotiation, by Cline and his attorney, were accompanied with imposing assurances that such a result would follow the settlement of what was called Cline’s private damages.…
2Cases cited3 opinions
- Fonda v. Van HorneNew York Supreme Court · 1836
- Rogers v. RogersNew York Court of Chancery · 1831
- Pearson v. PearsonNew York Supreme Court · 1810
3Cited by7 opinions
- Case v. SmithMichigan Supreme Court · 1895
- Stephenson v. HallNew York Supreme Court · 1852
- Earl v. CluteNew York Court of Appeals · 1864
- Haynes v. RuddNew York Supreme Court · 1879
- Hill v. NorthrupNew York Supreme Court · 1874
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