Potter v. Browne

Appellate Division of the Supreme Court of New York

Potter v. Browne

125 A.D. 640, 109 N.Y.S. 1075, 1908 N.Y. App. Div. LEXIS 2852

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

DecidedApril 24, 1908

StatusPublished

Cited by1 cases

This text of 125 A.D. 640 (Potter v. Browne) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Potter v. Browne, 125 A.D. 640, 109 N.Y.S. 1075, 1908 N.Y. App. Div. LEXIS 2852 (N.Y. Ct. App. 1908).

Pincite

Opinion

Gaynor, J.:

We are not asked to review the evidence, but to reverse on an exception to the admission of evidence.' A former, employe of the plaintiff was a witness for the defendant, and the plaintiff was permitted to testify in rebuttal that he upbraided him for misappropriation of funds and brutally beating a boy in discharging him therefor. It is always relevant and material for a party to prove any fact from which it may be found that a witness of the other side is hostile to or biased against him (People v. Brooks, 131 N. Y. 321; Garnsey v. Rhodes, 138 id. 461; Lamb v. Lamb, 146 id. 317; Brank v. Stratton, 176 id. 150). It is not a collateral [641]*641but a material and relevant matter, and the denial of the witness on cross-examination is therefore not conclusive.

The judgment should be affirmed.

Woodward, Jerks, Hooker and Miller, JJ., concurred.

Judgment and order affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Gaynor, J.:

We are not asked to review the evidence, but to reverse on an exception to the admission of evidence.' A former, employe of the plaintiff was a witness for the defendant, and the plaintiff was permitted to testify in rebuttal that he upbraided him for misappropriation of funds and brutally beating a boy in discharging him therefor. It is always relevant and material for a party to prove any fact from which it may be found that a witness of the other side is hostile to or biased against him (People v. Brooks, 131 N. Y. 321; Garnsey v. Rhodes, 138 id. 461; Lamb v. Lamb, 146 id. 317; Brank v. Stratton, 176 id. 150). It is not a collateral [641]*641but a material and relevant matter, and the denial of the witness on cross-examination is therefore not conclusive.

The judgment should be affirmed.

Woodward, Jerks, Hooker and Miller, JJ., concurred.

Judgment and order affirmed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

125 A.D. 640, 109 N.Y.S. 1075, 1908 N.Y. App. Div. LEXIS 2852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-browne-nyappdiv-1908.

Opinion

Related

Cite This Page — Counsel Stack