Grubbs v. Nye

Citations

• 21 Miss. 443

Syllabus

<p>The courts of late, and especially in this country, have leaned against the exclusion of offers of compromise as testimony.</p> <p>During the progress of a suit upon a note, the issue being non assumpsit, the defendant wrote to the plaintiff, admitting that he was surety upon the note sued on, stating that he was old and unable to pay, but that his son would pay the debt in five years without interest, provided a judgment should be obtained against him ; subsequently the defendant plead non est factum in the case : on the trial of which issue it was’ held, that the letter from the defendant to the plaintiff was competent testimony for the plaintiff to prove the admission of the defendant of the execution of the note.</p>