18 Barb. 420 | N.Y. Sup. Ct. | 1854
This is an action brought against the defendant for burning a barn of the plaintiff, and for cutting trees, &c. The action was tried at the Chenango circuit in
This evidence, if admissible at all, was admissible for the purpose of showing that the facts which this witness had testified to, were inconsistent with the opinions which it is alleged he expressed in regard to the defendant’s innocence of this transaction. Every one of the questions propounded to Lewis B. Anderson, for the purpose of impeaching, Charles B. Anderson, fall within this description of questions. Such evidence is not admissible, either upon principle or authority^ The case of Elton v. Larkins, (5 Carr. & Payne, 385,) is a direct authority against the admission of such evidence. The action, in that case,
The only remaining question in the case is, as to the defendant’s exception upon the rejection of evidence, in folios 100,101 of the case. The defendant offered to show, by the witness Lewis B. Anderson, that the claim for damages for trespass of the defendant’s cattle in the plaintiff’s oats had been fully settled. The plaintiff’s counsel objected to this evidence, upon the ground that the evidence would contradict' the answer, and be ineonsistent-with it, and that no such settlement was alleged in the answer, but only a denial, on oath, of the trespass; and the court sustained the objection and excluded the evidence. This evidence was properly rejected, for the reason assigned. There was no such defense set up in the answer, and it is not admissible under the general denial. The judgment should be affirmed.
Judgment affirmed.
Crippen, Shankland and Mason, Justices.]