Williams v. Thorp
New York Supreme Court
Asssdmpsit on a promissory note of $400, dated October 24th, 1816, payable to Lewis Thorp, or bearer, on demand. The cause was tried at the Herkimer circuit, March 21st, 1827, before Williams, C. Judge. At the trial, the plaintiff offered his attorney as a witness, who was obiected to as interested, by the defendant, who , . ’ ealled one Vincent to prove the interest.
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Asssdmpsit on a promissory note of $400, dated October 24th, 1816, payable to Lewis Thorp, or bearer, on demand. The cause was tried at the Herkimer circuit, March 21st, 1827, before Williams, C. Judge. At the trial, the plaintiff offered his attorney as a witness, who was obiected to as interested, by the defendant, who , . ’ ealled one Vincent to prove the interest. He testified that he saw the plaintiff, and told him he had been by the defendant and his attorney to call on him, and learn on what terms he would settle this suit, at the same time observing that he was not authorized to…
1Opinion of the Court
Ouria, per Woodworth, J.
I think the judge decided correctly. Propositions on either side, made by parties on a treaty for compromising their differences, if it be ineffectual, ought not to operate as evidence in a future contest. It seems to me that a different rule would be laying a snare for suitors, and calculated to entrap a party. It is taking advantage of expressions made in moments of confidence, when he is off his guard by the prospect of compromise. In this- case, there was the commencement of a negotiation. Ho objection was made to the justice of the demand; and the plaintiff might…
2Cases cited4 opinions
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
- Fuller v. Town of HamptonSupreme Court of Connecticut · 1824
- Smith v. GilmanSuperior Court of New Hampshire · 1826
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- Gibbs v. WrightSupreme Court of Alabama · 1848
- Payne v. Forty-Second Street & Grand Street Ferry RailroadThe Superior Court of New York City · 1875