Halsey v. Sinsebaugh
New York Court of Appeals
Appeal from the Supreme Court. The action was for the purchase money of land sold by the plaintiff to the defendant. The trial was had at the Tompkins circuit, before Mr. Justice Shaneland and a jury.
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Appeal from the Supreme Court. The action was for the purchase money of land sold by the plaintiff to the defendant. The trial was had at the Tompkins circuit, before Mr. Justice Shaneland and a jury. One of the defendant’s witnesses had testified upon a former trial of the action, and the plaintiff gave evidence tending to show that the testimony of the witness on the former trial, in regard to the defendant’s ability to read writing, was inconsistent with that given by him on the present trial. To rebut this and sustain the witness, the defendant called Francis M. Finch, who testified that…
1Opinion of the CourtSelden, J.
Upon the trial of this cause, an attempt having been made to impeach one of the defendant’s wit nesses by showing that he had sworn differently upon a former trial of the cause, the defendant, for the purpose of sustaining the witness, called one of the counsel engaged in the former trial, who testified that he was present at the first trial, and took notes of the testimony, and that be had no doubt of the correctness of his notes, which he produced. The plaintiff’s counsel then objepted to his stating what the witness had said, unless he recollected the testimony independently of his…
2Cases cited3 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Lawrence v. BarkerNew York Supreme Court · 1830
- Juniata Bank v. BrownSupreme Court of Pennsylvania · 1819