Murphy v. Peterson Cipher Code Corp.

New York Court of Appeals

Murphy v. Peterson Cipher Code Corp.

105 N.E.2d 497, 303 N.Y. 912, 1952 N.Y. LEXIS 1368

New York Court of Appeals·Decided March 14, 1952·Published·Cited by 1 cases

Opinion

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the jury was not clearly instructed that the written statement by the plaintiff’s witness Bowman could not serve as affirmative evidence of substantive facts stated therein but only, as a means of impeachment, to prove that he had made a prior statement inconsistent with his testimony upon the trial. (Matter of Roge v. Valentine, 280 N. Y. 268, 276-277; Civ. Prac. Act, § 343-a.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

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Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the jury was not clearly instructed that the written statement by the plaintiff’s witness Bowman could not serve as affirmative evidence of substantive facts stated therein but only, as a means of impeachment, to prove that he had made a prior statement inconsistent with his testimony upon the trial. (Matter of Roge v. Valentine, 280 N. Y. 268, 276-277; Civ. Prac. Act, § 343-a.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

Murphy v. Peterson Cipher Code Corp., 105 N.E.2d 497, 303 N.Y. 912, 1952 N.Y. LEXIS 1368 (N.Y. 1952).

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Opinion

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