Hannah v. McKellip
New York Supreme Court
ACTION on two promissory motes. Defense, payment. The action was tried at the Otsego circuit in June, 1866, when the jury rendered a verdict in favor of the plaintiff for the full amount of the notes, $346.55. The defendant moved for a new "trial on a case and exceptions.
1Opinion of the Court
By the Court, Balcom, J.
The defendant- was a witness in his own behalf, and testified that the notes were paid to the plaintiff within a short time after they were given. On his cross-examination the plaintiff’s counsel asked him this question: “ Have you ever been charged with swearing falsely ?” Which was objected to by the defendant’s counsel, on the grounds that it was not a proper method of affecting a witness’ credibility; that it was not calling for any act of the witness affecting his credit, or admissible to impeach his character, and was irrelevant and incompetent. The objection was…
2Cases cited3 opinions
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- Frost v. McCargarNew York Supreme Court · 1859
3Cited by4 opinions
- Berner v. MittnachtThe Superior Court of New York City · 1871
- Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Burvee v. PeopleNew York Supreme Court · 1873
- Hall v. United States Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1902