Brown v. Barse
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, Mills W. Barse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 19th day of June, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
This case now comes before us a second time, and a second time xye are compelled to reverse a judgment in favor of the plaintiff. (See Brown v. Barse, 3 App. Div. 257.) The defendant was not present at the trial under review upon this appeal. The plaintiff
*445testified to personal transactions with him which the defendant would naturally have taken the stand to deny, if the defense which lie had pleaded was true. In his absence, therefore, his counsel had a right to prove any fact the effect of which was to excuse his failure to attend and give evidence in his own behalf. The…
2Cases cited3 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Vail v. Jersey Little Falls Manufacturing Co.New York Supreme Court · 1860
- Brown v. BarseAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Polachek v. New York Life InsuranceNew York Supreme Court · 1933
- Merrill v. John B. Stevens & Co.Washington Supreme Court · 1910
- Lichtenstein v. CaseAppellate Division of the Supreme Court of the State of New York · 1904