TaiLexi AI U.S. Case Law

Benjamin v. Green

Benjamin v. Green, 144 N.Y.S. 311 (1913)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 4, 1913
Judges
Guy
Citations
144 N.Y.S. 311
Disposition
Reversed, and new trial ordered.
Headnotes
Witnesses (§ 324*)—Impeachment—Impeaching Own Witness. It was error to permit plaintiff, who had called defendant as a witness for plaintiff, to show, for purposes of impeachment, that defendant had been three times convicted of grand larceny. [Ed. Note.—For other cases, see Witnesses, Cent. Dig. § 1097; Dec. Dig. § 324.*]
Summary
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Bertha Benjamin against Yetta Green. From a judgment for plaintiff, defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Guy

Text extracted by OCR from a scanned original; check the original for exact wording.

GUY, J.

This action was brought to recover for the conversion of certain jewelry by reason of defendant having picked plaintiff’s pocketbook in a fish store on November 18, 1910.

Defendant was called as a witness for plaintiff. On her direct examination she testified that she could not tell her own full and correct name. Her counsel then admitted that it was Yetta Green. She testified that all she possessed was held in the name of Yetta Green. Witness was then asked, over the objection and exception of defendant, whether she had been convicted of crime, and answered that she had been convicted of grand larceny three times. The admission of this evidence for the purpose of impeaching plaintiff’s own witness was prejudicial error.

The judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1952: 119522026peak 1952 · 1

Relies on it most ⓘ

  1. Alexander v. Meyers52 N.W.2d 881 (Wis. 1952)

Most recent

  1. Alexander v. Meyers52 N.W.2d 881 (Wis. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list