Derrick v. Wallace
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank M. Derrick, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 5th day of March, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Lambert, J. (dissenting):
This appeal presents but a single question. Upon the trial plaintiff was sworn as a witness in his own behalf as to matters vital to his recovery. Upon cross-examination he was asked as to, and he admitted, that he had previously been convicted of the crime of forgery and upon such conviction had served a sentence in State prison.
Thereupon, deeming the issue of his reputation in general to be presented, plaintiff endeavored to sustain such reputation by direct proof from so-called character witnesses. Upon objection from defendant as to the competency of such…
2Cases cited8 opinions
- People v. RectorNew York Supreme Court · 1838
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- People v. . HinksmanNew York Court of Appeals · 1908
- Keister v. RankinAppellate Division of the Supreme Court of the State of New York · 1898
- The People v. . GayNew York Court of Appeals · 1852
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