Legal Opinion

Varona v. Socarras

New York Court of Common Pleas

Decided January 15, 1859PublishedCited by 2 opinions

Motion for a new trial. The action was brought to recover back a sum which the plaintiff had overpaid the defendant in settlement of an account. On the trial the plaintiff offered himself as a witness. On the cross-examination it was proved that the indebtedness which plaintiff had, as he alleged, overpaid, arose out of the fact that the plaintiff had received the proceeds of certain bills of exchange belonging to the defendant.

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Motion for a new trial. The action was brought to recover back a sum which the plaintiff had overpaid the defendant in settlement of an account. On the trial the plaintiff offered himself as a witness. On the cross-examination it was proved that the indebtedness which plaintiff had, as he alleged, overpaid, arose out of the fact that the plaintiff had received the proceeds of certain bills of exchange belonging to the defendant. The defendant offered questions for the purpose of proving that the bills were delivered to the plaintiff for a special purpose, and that they were fraudulently…

1Opinion of the CourtHilton, J.

Upon reflection, and an examination of the authorities, I am confirmed in the opinion expressed on the trial,— that a witness cannot, upon his cross-examination, or otherwise, be impeached in respect to his credibility, by proof of any single act of bad conduct, or any specific transaction which was criminally or morally wrong.

And it is in the discretion of the court to interfere and protect the witness against any inquiries, not relevant to the issues to be tried, and having alone such an object or purpose in view.

The rule, briefly stated, seems to be, that the credit of a witness may be…

2Cases cited1 opinion

  1. Jackson ex dem. Boyd v. LewisNew York Supreme Court · 1816

3Cited by2 opinions

  1. Kelsey v. LayneSupreme Court of Kansas · 1882
  2. Derrick v. WallaceAppellate Division of the Supreme Court of the State of New York · 1914

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