Allis v. . Leonard
New York Court of Appeals
Appeal by defendants Stevens and Hathaway from judgment of' the General Term of the Supreme Court in the third judicial department, affirming, as to them, a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This was an action upon a promissory note. The defence was payment. Plaintiff was called as a witness and gave testimony in his own behalf.
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Appeal by defendants Stevens and Hathaway from judgment of' the General Term of the Supreme Court in the third judicial department, affirming, as to them, a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This was an action upon a promissory note. The defence was payment. Plaintiff was called as a witness and gave testimony in his own behalf. Defendants called two witnesses who testified, in substance, that they knew plaintiff’s reputation and that it was bad. The court charged the jury, among other things, as follows; “You have…
1Opinion of the Court
Church, Ch. J.
Two witnesses gave evidence tending to show that the plaintiff’s general character was bad. This evidence though, not very strong, was legitimate upon that question. The judge charged the jury, “ that the impeachment, or attempted impeachment of the plaintiff, has entirely failed; it has not affected his credit,” etc., which was specifically excepted to. I can see no sufficient answer to the point that this was error. The evidence was competent, and whether strong or weak, should have been submitted to the jury for their consideration, upon the credibility of the wit-mess. Three…
2Cases cited3 opinions
- People v. RathbunNew York Supreme Court · 1839
- Gardner v. PicketNew York Supreme Court · 1838
- Maybee v. FiskNew York Supreme Court · 1864
3Cited by10 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Davenport v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- Freund v. PatenNew York Court of Common Pleas · 1882
- Gibbs v. CarnahanNew York Supreme Court · 1893
- Magee v. City of TroyNew York Supreme Court · 1888
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