Bullard v. . Pearsall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon a verdict. This action was broiTght to recover back moneys paid by plaintiff to defendant upon sale of an interest in a patent right, which plaintiff claimed to rescind on the ground of fraud.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon a verdict. This action was broiTght to recover back moneys paid by plaintiff to defendant upon sale of an interest in a patent right, which plaintiff claimed to rescind on the ground of fraud. The sale was made on the 17th July, 1868. One J. H. Thompson was called as a witness, by plaintiff, to prove a certain conversation between the witness and defendant, and that it occurred prior to the sale. The only question determined upon this appeal…
1Opinion of the CourtRapallo, J.
Where a witness disappoints the party calling him by testifying contrary to the expectations and wishes lof such party, it is a conceded rule that the latter shall not, ;for the purpose of relieving himself from the effect of such /evidence, he permitted to prove that the witness is a person i of had character and unworthy of belief. There is also a ¡great weight of authority sustaining the position that under such circumstances the party calling the witness should not be ¡allowed to prove that he has on other occasions made statejments inconsistent with his testimony at the trial, when the…
2Cases cited2 opinions
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- Crago v. StateWyoming Supreme Court · 1922
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