4 Barb. 453 | N.Y. Sup. Ct. | 1848
From a particular examination and analysis of the evidence in this case, it is enough to say, without reviewing it here, that the justice had not only strong but satisfactory grounds for deciding that the parties intended the settlement should extend so far as to cover up and prevent a criminal prosecution; or in other words, the compounding of a felony. The disavowal of such intention during the negotiation, by Cline and his attorney, were accompanied with imposing assurances that such a result would follow the settlement of what was called Cline’s private damages. Those damages could not have been considerable. He could have recovered nothing for the personal injury to his daughter. His damages were to be measured by expenses actually incurred, and the loss of her services in consequence of the injury, if any. Whatever there might have been of malice, and wantonness, and cruelty in the assault and battery, calling for exemplary damages, belonged to the daughter, whose person and feelings had been wounded and outraged. The amount demanded was $1000, and the chaffering of the complainant failed to reduce it a farthing. Notes to that amount were given; the attorney retaining one of one hundred dollars, as a reasonable brokerage for bringing the parties together and advising them that they could not legally settle the only matter which they really intended to compromise. The complainant was forewarned that
The statute prohibiting the compounding of felonies, does not expressly make an instrument creating an obligation to pay money upon such á consideration void in the hands of every holder; and a bona, fide holder for value, without notice, would for commercial reasons applicable to negotiable instruments, hold it unaffected by its original turpitude and illegality. In no legitimate sense of the term is Cowles a bona fide holder of these notes. And the only material question in the case is
TT
The objection that Irwin was an incompetent witness' to testify to what Foote told him after the settlement, as having occurred between the parties on the settlement, upon the ground that what an attorney tells his student is privileged, is wholly untenable. Cowles is a volunteer in taking part in this litigation. In confidence of assertion and boldness of defiance the answer of his co-defendant is a laggard compared with his.
The decree of Justice Mason affirmed with costs.