Legal Opinion

Brink v. . Stratton

New York Court of Appeals

Decided October 6, 1903PublishedCited by 19 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 17, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing the testimony of Corey offered to show bias in witnesses called to impeach him.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 17, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing the testimony of Corey offered to show bias in witnesses called to impeach him. (People v. Brooks, 131 N. Y. 321; Lamb v. Lamb, 146 N. Y. 317; Schultz v. T. Ave. R. R. Co., 89 N. Y. 242; People v. Mather, 4 Wend. 229.) The question…

1Opinion of the CourtMartin, J.

This action was to recover upon, a joint and several promissory note made by the defendants Stratton, Brown, and the firm of Corey & Co., of which Corey is surviving partner. It was payable to the plaintiff or his order. The defendants Stratton and Brown answered the complaint, and, among other defenses, alleged that the note in suit had been paid by the defendant Horace W. Corey or the firm of Corey & Co. The defendants’ evidence was to the effect that it had been paid by giving another note made by Corey & Co. alone which was discounted at a bank, renewed from time to time, and ultimately…

2Cases cited7 opinions

  1. People v. . WebsterNew York Court of Appeals · 1893
  2. Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
  3. People v. . BrooksNew York Court of Appeals · 1892
  4. Lamb v. . LambNew York Court of Appeals · 1895
  5. Starks v. PeopleNew York Supreme Court · 1847

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3Cited by19 opinions

  1. State v. . BealSupreme Court of North Carolina · 1930
  2. State v. BealSupreme Court of North Carolina · 1930
  3. Application of United Electrical, Radio & M. WorkersDistrict Court, S.D. New York · 1953
  4. People v. WoodNew York Court of Appeals · 1985
  5. United States v. Ivan T. JosephCourt of Appeals for the D.C. Circuit · 1989

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