31 Minn. 322 | Minn. | 1883
Lead Opinion
This action was brought by plaintiff to recover the price of a harvesting machine to which lie alleges the title had failed, and which he claims had previously been sold to one Cissell. Two questions only are raised: (1) It was a material question on the trial of the cause whether Cissell, who was a witness, had actually ■consummated the purchase of the machine, and whether his evidence was true or wilfully false. To impeach him, the defendant offered to prove that plaintiff had said of him that he was a liar, and he would not believe him. (2) Defendant also offered to prove, by the admissions of plaintiff, that he had received a postal card from Cissell, in which the latter stated he had bought the machine “on condition that Horton, Cowdery, and Hanson should sign the note for it,” Cissell .having previously testified that the sale was unconditional. Notice
1. The character of a witness for truth and veracity cannot be impeached by evidence of the individual opinions or declarations of the plaintiff or other persons on the subject of his credibility. The inquiry in such cases must be confined to the general character of the impeached witness, and must not, upon the examination in chief, descend to particular facts within the knowledge of the impeaching witness ; and what would not be permitted to be asked of a witness on the stand ought not to be allowed to be shown by the extrajudicial declarations of a party to the suit. Fulton Bank v. Benedict, 1 Hall, (N. Y.) 480; Clark v. Mershon, 2 N. J. Law, 70; 1 Greenl. Ev. § 461.
2. Where it is sought to impeach the credit of a witness by self-contradictory statements made out of court, it is the rule, in justice to the witness and to enable him to give his best recollection of the subject under inquiry, where the alleged statements are oral, to lay the proper foundation by first directing his attention to the time, place, person, or other material fact connected with the supposed contradictory statement, and giving him an opportunity to explain. It would not be proper, therefore, to dispense with these preliminary questions by allowing evidence of the extrajudicial admissions of a party to the suit. Eor a similar reason, where the impeaching evidence sought to be introduced is contained in a letter or other writing of the witness, the writing must be produced and shown to him, and upon the issue of his credibility its production is not to be excused because of any outside admissions of its contents which may have been made by the party calling him. 1 Greenl. Ev. §§ 88, 462.
No error.is apparent upon the record, and the judgment is affirmed.
Concurrence Opinion
I concur'in the decision of the case, but prefer to place it upon the ground that the rules governing the impeachment of witnesses have been established, not exclusively for the benefit of the parties to the action, but also, and perhaps chiefly, for the protection of the witness himself, and therefore he cannot be impeached by mere hearsay evidence, although it may consist of tha statements of the party who called him.