Derrick v. . Wallace
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1914, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence offered by plaintiff to prove his good general reputation was competent and admissible, and its exclusion by the trial court was error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1914, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence offered by plaintiff to prove his good general reputation was competent and admissible, and its exclusion by the trial court was error. (Koher v. Miller, 38 Hun, 184; Van Bokkelen v. Berdell, 130 N. Y. 141; Berner v. Mittnacht, 2 Sweeny, 582, 586; Crapo v. People, 15 Hun, 269; 76 N. Y. 288; People v.…
1Opinion of the CourtPound, J.
The plaintiff, called as a witness in his own behalf, on his cross-examination testified that on the 31st day of October, 1896, he had been convicted of the crime of forgery in the second degree and sentenced to Auburn State Prison for a term of five years and eight months. He thereafter offered evidence of witnesses of his general reputation in the community in which he lived. This was objected to as incompetent on the ground that his reputation had not- been impeached except by cross-examination, and was excluded subject to his exception.
Although opposite views have been taken of this…
2Cases cited17 opinions
- People v. RectorNew York Supreme Court · 1838
- The People v. . CrapoNew York Court of Appeals · 1879
- Sims v. . SimsNew York Court of Appeals · 1878
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- People v. . CasconeNew York Court of Appeals · 1906
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3Cited by6 opinions
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- Moore v. LeventhalNew York Court of Appeals · 1952
- People v. Fraiser, New York County Courts1973
- Page v. PageNew York Supreme Court · 1931
- Booth v. BoothNew York Supreme Court · 1929
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