¶1The rule excluding evidence of any oiler of compromise of a claim or suit is confined strictly to evidence of an offer to pay money or otherwise adjust the suit by way of accord and satisfaction ; but does not extend so far as to exclude independent facts admitted by a party during a conversation concerning such compromise. Marsh v. Gold, 2 Pick. 284. The evidence of the defendant’s statements in the present case clearly falls within the latter class, and the rule of law was correctly applied by the court. Exceptions overruled.
77 Mass. 395
Emerson v. Boynton
Massachusetts Supreme Judicial Court
Decided October 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-10-15
Action of contract on a promissory note, the making of which the defendant admitted, but filed an account in set-off. At the trial in the court of common pleas, the plaintiff being a witness, his counsel, disclaiming any inquiry as to any statement made in reference to a compromise, asked him if the defendant ever said anything to him about a settlement.
Decided 1858-10-15