Legal Opinion

Price v. Mullen

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1936PublishedCited by 2 opinions

1Per curiam

In his summation counsel for the plaintiff-respondent applied to one of defendant’s witnesses degrading appellations which it will serve no purpose to repeat here but which clearly were employed to arouse prejudice and passion rather than to promote calm judgment by the jury. Likewise in discussing the testimony of another opposing witness the same counsel stated: “ I am giving my personal opinion of (—■—). He is a crook.” The members of the jury had no concern with counsel’s personal opinion of this witness or any other. Their conclusion as to the veracity of a witness or the quality of his…

2Cases cited2 opinions

  1. Cherry Creek National Bank v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1924
  2. Moran v. Rainbow Appliance Corp.Appellate Division of the Supreme Court of the State of New York · 1929

3Cited by2 opinions

  1. United States v. Certain Lands in Town of HighlandsDistrict Court, S.D. New York · 1942
  2. Zemliansky v. United Parcel Service, Inc.New York Supreme Court · 1940

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