Cullinan v. Furthmann
Appellate Division of the Supreme Court of the State of New York
The failure of the plaintiff to offer proof of all the alleged violations did not preclude the cross-examination of his witnesses in relation thereto, and in relation to the testimony previously before the grand jury and at the first trial of this action given in relation thereto. (Langley v. Wadsworth, 99 N. Y. 61; Platner v. Platner, 78 N. Y. 90; Weber v. Manheimer, 23 Misc. 157; People v. Strait, 154 N. Y. 171; Code of Civ.
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The failure of the plaintiff to offer proof of all the alleged violations did not preclude the cross-examination of his witnesses in relation thereto, and in relation to the testimony previously before the grand jury and at the first trial of this action given in relation thereto. (Langley v. Wadsworth, 99 N. Y. 61; Platner v. Platner, 78 N. Y. 90; Weber v. Manheimer, 23 Misc. 157; People v. Strait, 154 N. Y. 171; Code of Civ. Pro. § 192.) Whether such witnesses had previously testified voluntarily or under subpoena, is immaterial. This court may review the trial court’s exercise of…
1Opinion of the Court
*577The verdict of the jury was not against the weight of evidence. The positive testimony of plaintiff’s two witnesses was only contradicted by defendant Furthman, and his denial was of the most general, indefinite and evasive sort. (Cullinan v. Kisselbrack, 43 Misc. 103; Culhane v. City of New York, 60 N. Y. 133; S. C., 67 Barb. 562; Tolman v. Syracuse, 27 Hun, 325.) Plaintiff’s special agents are not to be considered detectives, nor is their testimony to be subject to the scrutiny given to detectives’ testimony. (Cullinan v. Trolley Club, 65 App. Div. 202; Cullinan v. Rorphuro, 93 App. Div.…
2Cases cited24 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Randall v. . PackardNew York Court of Appeals · 1894
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
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