Stacy v. Graham
New York Court of Appeals
The action was brought, in November, 1852, in the superior court, to recover the sum of $1407.07, alleged to bo the proceeds of the sale of the brig Venus, a vessel condemned as unseaworthy at Paraguay, in South America, in the spring of 1850. George W. Adams, the master of the vessel, was the principal witness on the part of the plaintiffs.
Read the full summary
The action was brought, in November, 1852, in the superior court, to recover the sum of $1407.07, alleged to bo the proceeds of the sale of the brig Venus, a vessel condemned as unseaworthy at Paraguay, in South America, in the spring of 1850. George W. Adams, the master of the vessel, was the principal witness on the part of the plaintiffs. He was sworn and examined dc iene esse in January, 1853 The . counsel for the defendant attended on his examination and cross-examined him. The trial occurred in December, 1853, and his deposition was read in evidence. His, testimony established these…
1Opinion of the CourtComstock, J.
The testimony of Adams, the witness by whom the principal facts in the case were proved, has been commented upon by the appellant’s crunsel as unworthy *497of credit, and it certainly presents an account of the transaction not altogether satisfactory. The jury, however, under proper instructions, have passed upon his evidence, and we must take the case as he states it. This court has no power to entertain questions of the credibility of evidence; and even where a witness delivers contradictory or inconsistent statements, and the jury have thought proper to believe one of them in preference to…
2Cases cited3 opinions
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
- People v. MooreNew York Supreme Court · 1836
- Brown v. KimballNew York Supreme Court · 1840
3Cited by1 opinion
- Gilmore v. HamNew York Supreme Court · 1891