Legal Opinion

Frost v. McCargar

New York Supreme Court

Decided September 6, 1859PublishedCited by 4 opinions

APPEAL from a judgment entered at a special term, on the verdict of a jury. The plaintiffs, in the first count of their complaint, alleged that on the first day of October, 1856, they were copartners in business at the city of Eochester, under the firm name of “ A. Frost & Co.” That on the 13th day of that month the plaintiffs duly appointed the defendant their agent and servant to deliver certain personal property then owned by the plaintiffs, consisting of trees, shrubbery…

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APPEAL from a judgment entered at a special term, on the verdict of a jury. The plaintiffs, in the first count of their complaint, alleged that on the first day of October, 1856, they were copartners in business at the city of Eochester, under the firm name of “ A. Frost & Co.” That on the 13th day of that month the plaintiffs duly appointed the defendant their agent and servant to deliver certain personal property then owned by the plaintiffs, consisting of trees, shrubbery and nursery property, to purchasers or contractors therefor in the state of Wisconsin, and to receive the money to, be…

1Opinion of the Court

By the Court, Johnson, J.

We think the settled rule in this state now is, that where the veracity of a witness is attacked, and he is sought to be impeached only by proof of contradictory statements made by him on other occasions, in respect to the same matter, or by proof of particular facts stated by such witness against himself on his examination, evidence of general good character, or of good character for truth and veracity in support of the witness, is incompetent. (The People v. Hulse, 3 Hill, 309. Starks v. The People, *6215 Denio, 106. The People v. Gay, 1 Parker’s Cr. Rep. 310. Same case…

2Cases cited3 opinions

  1. People v. RectorNew York Supreme Court · 1838
  2. Starks v. PeopleNew York Supreme Court · 1847
  3. Smith v. StickneyNew York Supreme Court · 1854

3Cited by4 opinions

  1. Sheppard v. YocumOregon Supreme Court · 1882
  2. Hannah v. McKellipNew York Supreme Court · 1867
  3. Derrick v. WallaceAppellate Division of the Supreme Court of the State of New York · 1914
  4. The People v. . GayNew York Court of Appeals · 1852

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