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47 N.Y. St. Rep. 936

Barrett v. Smith

The Superior Court of New York City · decided 1892-07-05

<p>Appeal from judgment in favor of plaintiff.</p> <p>For former appeal, see 38 St. Rep., 526, 922.</p>

Decided 1892-07-05

Per Curiam.

¶1—It was not error to allow the plaintiff to show that the witness Vero had said at the time of his arrest: “Is this the One Hundred and Eighth street racket; ” for this evidence tended to show that Vero testified untruly when he, upon his direct examination, said, “No unusual accident was brought to my attention, except when I was arrested.” Upon the whole case the judgment and order should be affirmed, with costs.

¶2Freedman, Dugro and Gildersleeve, JJ., concur.

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