Becker v. Hart
Appellate Division of the Supreme Court of the State of New York
Beargumeht of ah appeal by the defendants, Frieda Hart and another, from a judgment of. the Supreme Court in favor of the plaintiff, entered in .the office" of the clerk of the county of Queens on the 19th day of February, 1908, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 10th day of March," 1908, denying the defendants’ motion -for a new trial made rqDon-the mimit-es. . .
1Opinion of the Court
Hirschberg, P. J.:
The' previous decision made in this case was based upon the ■ principle that a party vouches for the general credibility of the wit-. nesses called by him. The plaintiff arid her.son were called: and examined by the defendants as witnesses in their behalf, and it -was held that no issue was raised for the determination of the jury on the. mere ground of their credibility as interested witnesses. (See Becker v. Hart, 129 App. Div. 511.) A reargument ■ was ordered on the question whether the circumstances disclosed".by the evidence did not create sufficient doubt and suspicion…
2Cases cited5 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Hall v. WilsonNew York Supreme Court · 1853
- Becker v. HartAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by4 opinions
- Uni-Serv Corp. v. FredeCivil Court of the City of New York · 1966
- Overseas Credit Corp. v. Cal-Tech Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Bankers' Commercial Security Co. v. Piercy Corp. of AmericaNew York Supreme Court · 1932
- Stanley v. Franco-American Ferment Co.Appellate Terms of the Supreme Court of New York · 1916