New York Court of Appeals, 1952

Murphy v. Peterson Cipher Code Corp.

New York Court of Appeals · Decided March 14, 1952

303 N.Y. 912; 105 N.E.2d 497; 1952 N.Y. LEXIS 1368

Cases that cite this one

1 later published case cites this decision.

In re the Estate of Goodman (Appellate Division of the Supreme Court of New York 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the jury was not clearly instructed that the written statement by the plaintiff’s witness Bowman could not serve as affirmative evidence of substantive facts stated therein but only, as a means of impeachment, to prove that he had made a prior statement inconsistent with his testimony upon the trial. (Matter of Roge v. Valentine, 280 N. Y. 268, 276-277; Civ. Prac. Act, § 343-a.) No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.