Huebner v. Roosevelt
New York Court of Common Pleas
Appeal by the defendant from a judgment of this court ■entered on the verdict of a jury after a trial before Chief Justice Charles P. Daly, and also from an order made at •special term by Judge Robinson, denying a motion for a new trial on the ground of newly-discovered evidence.
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Appeal by the defendant from a judgment of this court ■entered on the verdict of a jury after a trial before Chief Justice Charles P. Daly, and also from an order made at •special term by Judge Robinson, denying a motion for a new trial on the ground of newly-discovered evidence. The action was to recover from the defendant $300 as a year’s rent for a portion of the fourth floor of No. 23 Chambers street, in the city of New York, being from May 1st, 1866, to May 1st, 1867. The defendant admitted having occupied the premises for the period named, but alleged in his answer, and as a witness on…
1Opinion of the CourtVan Hoesen, J.
The plaintiff was examined as a witness on his own behalf, and when cross-examined by defendant’s counsel, was asked with respect to a material statement, “ Did you ever tell that before on any trial of this cause ; if so, when and where?” The court sustained an objection to' the question, and the defendant excepted. The defendant argues that the presumption is that the question would have been answered in the negative, and would have convicted the plaintiff of inventing a falsehood to make out his case, and thus have made his whole evidence unworthy of credit. A witness cannot be impeached…
2Cases cited1 opinion
- Wehrkamp v. WilletNew York Court of Common Pleas · 1860
3Cited by4 opinions
- State v. OgdenOregon Supreme Court · 1901
- Sistare v. OlcottNew York Supreme Court · 1889
- Ranken v. DonovanAppellate Division of the Supreme Court of the State of New York · 1906
- People v. LaneNew York Supreme Court · 1883