Pomroy v. Columbian Insurance Co.
New York Supreme Court
BOGERT applied, in this cafe, for a new trial, on an affidavit . of newly difeovered evidence from A. B. a man of good- character and reputation. , S.tarr offered affidavits, to ihew the perfon from whom the information was derived, was a man not worthy of belief, and in the prefent inftance actuated by motives of revenge.
Read the full summary
BOGERT applied, in this cafe, for a new trial, on an affidavit . of newly difeovered evidence from A. B. a man of good- character and reputation. , S.tarr offered affidavits, to ihew the perfon from whom the information was derived, was a man not worthy of belief, and in the prefent inftance actuated by motives of revenge. Bogert objected to their being received,' becaufe it was trying a man’s character, in a collateral way, by furprife, when he could never expedí to be called on to fupport it, and mull, therefore, be unprepared.
1Per curiam
This perfon comes forward, in the light of a witnefs : every man xyho does fo, puts his general character *261in blue. You have invited the inquiry, by dating him NEW-YORK. a man of character and reputation. Every witnefs at a trial is equally unprepared ; we do not, therefore, fee why we may not quedion his credibility as much as if he was before a jury, Read the affidavits.
NEW-YORK. Nov. 1804. Spencer J.
I diflent entirely from this determination. I think it may lead to very oppreffive and ferious confequences. A man’s charafter is to be dfted, not from what he appears and fays himfelf, but from…
2Cited by5 opinions
- People v. Sing YowCalifornia Supreme Court · 1904
- Fleming v. HollenbackNew York Supreme Court · 1849
- Williams v. BaldwinNew York Supreme Court · 1821
- Burlingame v. CoweeSupreme Court of Rhode Island · 1887
- Macy v. DeWolfU.S. Circuit Court for the District of Rhode Island · 1847