Legal Opinion · Concurrence

Brink v. . Stratton

New York Court of Appeals

Decided October 6, 1903Published

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 17, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing the testimony of Corey offered to show bias in witnesses called to impeach him.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 17, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing the testimony of Corey offered to show bias in witnesses called to impeach him. (People v. Brooks, 131 N. Y. 321; Lamb v. Lamb, 146 N. Y. 317; Schultz v. T. Ave. R. R. Co., 89 N. Y. 242; People v. Mather, 4 Wend. 229.) The question…

1ConcurrenceCullen, J.

I concur in the opinion of Judge Martin that the trial court erred in not permitting the defendant, when examined as a witness on his own behalf, to testify as to the state of the relations existing between himself and several witnesses for the plaintiff. But there was further error committed on the trial. On cross-examination the defendant Corey was asked, against the objection and exception of his counsel, whether .he believed in the existence of a Supreme Being who. would punish false swearing, to which he replied that he knew nothing about it; that he was an agnostic and had no belief on…

2Cases cited6 opinions

  1. People v. . MostNew York Court of Appeals · 1891
  2. Jackson ex dem. Tuttle v. GridleyNew York Supreme Court · 1820
  3. Bush v. CommonwealthCourt of Appeals of Kentucky · 1882
  4. Gibson v. . American Mutual Life Ins. Co.New York Court of Appeals · 1868
  5. Searcy v. MillerSupreme Court of Iowa · 1881

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