Legal Opinion

Titus v. . Sumner

New York Court of Appeals

Decided December 29, 1870PublishedCited by 13 opinions

Appeal from an order of the General Term of the Supreme Court, in the sixth judicial district, denying a motion for a new trial. This is an action to recover damages for charging the plaintiff, in May, 1864, with poisoning his own daughter to death; and in August of the same year with being a robber, a murderer and a thief. The defendant interposed a general denial.

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Appeal from an order of the General Term of the Supreme Court, in the sixth judicial district, denying a motion for a new trial. This is an action to recover damages for charging the plaintiff, in May, 1864, with poisoning his own daughter to death; and in August of the same year with being a robber, a murderer and a thief. The defendant interposed a general denial. The action was tried at the Delaware circuit in February, 1866. On the trial, during the cross-examination of one of the plaintiff’s witnesses (who had testified that he had heard the defendant say that the plaintiff had…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is enough to say that the refusal at circuit to permit the witness on his cross-examination to testify whether he believed any of the statements made by the defendant about the plaintiff's daughter was harmless, inasmuch as the witness during the same cross-examination testified that he did not believe she was poisoned. The offer to prove by the same witness during that cross-examination that the plaintiff's reputation was not affected by these statements was…

2Cited by13 opinions

  1. Schomberg v. WalkerCalifornia Supreme Court · 1901
  2. Paxton v. WoodwardMontana Supreme Court · 1904
  3. Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890
  4. Distin v. . RoseNew York Court of Appeals · 1877
  5. Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912

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