New York Supreme Court, 1804

Pomroy v. Columbian Insurance

Pomroy v. Columbian Insurance
New York Supreme Court · Decided November 15, 1804 · Spencer
2 Cai. Cas. 260; 1 Cole. & Cai. Cas. 408
Pomroy v. Columbian Insurance

Opinion of the Court

Per Curiam.

This person comes forward in the light of a witness: every man who does so puts his general character in *issue. You have invited inquiry by stating him to be a man of character and reputation. Every witness at a trial is equally unprepared; we do not, therefore, see why we may not question his credibility as much as if he was before a jury. Read the affidavits.

Dissenting Opinion

SpenceR, J.

I dissent entirely from this determination. I think it may lead to very oppressive and serious consequences. A man’s character is to be sifted, not from what he appears and says himself, but from what others relate of him. He may not even be present when the information he gives is made use of, and must, therefore, be surprised by such an inquiry. I cannot agree to trying a man’s reputation in this manner.

H. B. — Documents consisting of certificates and other papers were received in support of the person’s character.

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