Hoyt v. Sturges
Supreme Court of Connecticut
Assumpsit. On the trial to the jury, in the superior court, on the plea of the general issue, with notice of payment, and accord and satisfaction, the defendant introduced himself as a witness, and was duly sworn and testified in the cause.
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Assumpsit. On the trial to the jury, in the superior court, on the plea of the general issue, with notice of payment, and accord and satisfaction, the defendant introduced himself as a witness, and was duly sworn and testified in the cause. The plaintiff afterwards introduced one witness, David H. Belden, who testified that he was well acquainted with the defendant, and with his general character and reputation for truth, and that it was bad ; and claimed that the evidence of the defendant was impeached by the testimony of this one witness. The defendant claimed that his evidence was not…
1Opinion of the CourtEllsworth, J.
This is an action on a note of hand, tried to the jury on the general issue, with notice of payment and accord and satisfaction. After the defendant had himself sworn to the facts necessary to establish his defense, the plaintiff called a single witness for the purpose of impeaching his character for truth and veracity. The witness testified that he was acquainted with his character in this respect and that it was bad ; whereupon the plaintiff claimed that the defendant was fully and absolutely impeached, and that his testimony must be thrown out of the case; not merely that his testimony was…
2Cases cited3 opinions
- State v. WolcottSupreme Court of Connecticut · 1851
- Read v. HurdNew York Supreme Court · 1831
- Fitzgerald v. Alexander & MullenNew York Supreme Court · 1838
3Cited by1 opinion
- Brady v. BarnesSupreme Court of Connecticut · 1875