Appellate Division of the Supreme Court of New York, 1908

Potter v. Browne

Appellate Division of the Supreme Court of New York · Decided April 24, 1908 · Gaynor

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

Counsel

George C. Lay [Frederick W. Garvin with him on the brief], for the appellant., James W. Osborne [Charles J. Nehrbas with him on the brief], for the respondent.

Opinion of the Court

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 *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.

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