Derrick v. Wallace
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank M. Derrick, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 5th day of March, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
I think the judgment appealed from should be affirmed. The sole ground upon which a reversal is asked is the refusal of the trial court to receive the testimony of witnesses offered by plaintiff to sustain his general character and reputation.
Upon his cross-examination plaintiff had admitted that some years prior to the trial he had been convicted of the crime of forgery and had served a term in Auburn State Prison therefor. Plaintiff contends that such proof presented the issue of his general reputation, and that to meet such issue he should have been permitted to introduce the…
2Cases cited3 opinions
- The People v. . GayNew York Court of Appeals · 1852
- Frost v. McCargarNew York Supreme Court · 1859
- Varona v. SocarrasNew York Court of Common Pleas · 1859
3Cited by1 opinion
- Barker v. BarkerNew York Surrogate's Court · 1916