Sims v. . Sims
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 12 Hun, 231.) This action was brought upon a contract for the sale of a steam tug. The facts material to the point discussed appear sufficiently in the opinion. The defendant could not be rendered incompetent to testify by proof of a record of conviction of a felony in another State.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 12 Hun, 231.) This action was brought upon a contract for the sale of a steam tug. The facts material to the point discussed appear sufficiently in the opinion. The defendant could not be rendered incompetent to testify by proof of a record of conviction of a felony in another State. (3 R. S. [5th ed.], 988, § 33; 1 Greenl. on Ev., § 423.) As neither the record of the judgment of the Ohio court nor the parol…
1Opinion of the CourtRapallo, J.
The only exception necessary to be considered, is that taken to the exclusion of the question to the defendant while on the stand, whether he was guilty of the offence of which he had been convicted in the State of Ohio thirty-five years previously.
The defendant had given material testimony in his own behalf and we cannot say that the evidence which was excluded might not, if admitted, have influenced the jury in passing upon the question of his credibility. Consequently if such exclusion was erroneous the defendant is entitled to a new trial.
The plaintiff, after having given oral evidence,…
2Cases cited4 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- Shay v. . the PeopleNew York Court of Appeals · 1860
- People v. BucklandNew York Supreme Court · 1835
- Gardner v. BartholomewNew York Supreme Court · 1863
3Cited by62 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Matter of Hines v. State Board of ParoleNew York Court of Appeals · 1944
- Matter of DoneganNew York Court of Appeals · 1940
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