Peters v. Lake

This was an action on the case, brought in the Livingston circuit court, by Lake, against Peters, for criminal conversation with Lake’s wife. There was a plea of not guilty, and of accord and satisfaction, on which issue was joined.

On the trial, the court permitted the plaintiff to - give evidence of the defendant’s pecuniary ability, and that he himself was a bankrupt. There was an objection to this evidence, which the court overruled, and that ruling is now assigned for error.

It is insisted, and some authorities cited tending to support the position, that evidence of the defendant’s…