Newcomb v. . Griswold
New York Court of Appeals
This was an action of trover for a quantity of hay cut by . the defendant, on premises owned by the plaintiff’s intestate, John E. Newcomb, and carried off and converted to his own use. The referee gave judgment for the value of the grass or hay cut. The judgment of the referee was affirmed by the Supreme Court, and the defendant appealed to this court. Certain questions of evidence arose upon the trial, which are sufficiently referred to in the opinion.
1Opinion of the Court
' Allen, J.
One of the witnesses for the plaintiff was asked, on cross-examination, whether he had been convicted of petit larceny in this State. The question was objected to upon several grounds, and, among others, for the reason that there was better evidence of the conviction. The objection was sustained, and the evidence excluded. The general rule is well settled that evidence by way of impeachment of the character of the witness for veracity must be confined to his general reputation, and that proof of specific acts cannot be given. The embarrassment that would arise from the number of…
2Cases cited6 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Jackson v. OsbornNew York Supreme Court · 1829
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
- People v. HerrickNew York Supreme Court · 1816
- Bellinger v. PeopleNew York Supreme Court · 1832
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3Cited by43 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Sims v. . SimsNew York Court of Appeals · 1878
- Kain v. . LarkinNew York Court of Appeals · 1892
- Clemens v. ConradMichigan Supreme Court · 1869
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