Murphy v. Peterson Cipher Code Corp.
This text of 105 N.E.2d 497 (Murphy v. Peterson Cipher Code Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
105 N.E.2d 497, 303 N.Y. 912, 1952 N.Y. LEXIS 1368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-peterson-cipher-code-corp-ny-1952.