Shepard v. . Parker
New York Court of Appeals
This is an action upon a promissory note for • $100, dated August 14, 1861, given to Polly Plucker or bearer, payable six months after date. The defence to the note was upon the ground that it was given in settlement of a criminal prosecution, to wit, of a rape. The claim upon the other side was, that the note was given in settlement of the private damages only. The jury found in favor of the Defendants.
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This is an action upon a promissory note for • $100, dated August 14, 1861, given to Polly Plucker or bearer, payable six months after date. The defence to the note was upon the ground that it was given in settlement of a criminal prosecution, to wit, of a rape. The claim upon the other side was, that the note was given in settlement of the private damages only. The jury found in favor of the Defendants. The General Term of the Eighth District reversed the judgment, on the ground of the admission of illegal evidence. The Defendants appeal from that judgment to this Court, stipulating that…
1Opinion of the CourtHunt, J.
The Court below disregarded the objections of the Plaintiff, except in a single particular. Concurring in its opinion in regard to the other points, I will examine the question upon which a new trial was ordered.
The question of fact before the jury was, whether the note in suit was given in settlement and compromise of the charge of a rape, alleged to have been committed by one Austin upon the person of Mrs. Plucker. The evidence of the Defendants was closed, and Mrs. Plucker was called by the Plaintiff, and gave evidence tending to show that the note was not given in settlement' of the…
2Cases cited1 opinion
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
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