Sleeper v. Van Middlesworth
New York Supreme Court
Error to the Livingston common pleas. Sleeper sued Van Middlesworth in assumpsit, and the cause was tried in the common pleas on appeal from a justice’s court. In the course of the trial the defendant called and examined one Post as a witness, who gave material testimony.
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Error to the Livingston common pleas. Sleeper sued Van Middlesworth in assumpsit, and the cause was tried in the common pleas on appeal from a justice’s court. In the course of the trial the defendant called and examined one Post as a witness, who gave material testimony. The plaintiff called witnesses to impeach his general character, but it appeared that they lived a distance of fourteen miles from the then residence of Post, though he had formerly resided in their neighborhood. They testified that they knew the character he sustained when he lived near them, but not that which he bore in…
1Opinion of the Court
By the Court, Beardsley, J.
At the time of the trial the witness, Post, lived in the town of Genesee, where he had resided for nearly four years. He is spoken of as a young man, but nothing more definite as to his age, appears in the bill of exceptions. The question to be determined is whether the witnesses called to impeach his character were shown to be competent to speak on that subject. They were not from the neighborhood where he then resided, but came from a distance of about fourteen miles: nor had they any acquaintance in his neighborhood—his reputation at that place and while he had…
2Cited by25 opinions
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- State ex rel. Coffey v. ChittendenWisconsin Supreme Court · 1902
- Brown v. PerezTexas Supreme Court · 1896
- Buse v. PageSupreme Court of Minnesota · 1884
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