Lally v. Emery
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Peter J. Daily against Jonas A. Emery for slander. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial made on the minutes, plaintiff appeals.
1Opinion of the CourtHardin, P. J.
Upon a former appeal in this case (54 Hun, 517, 8 N. Y. Supp. 135), it was assumed by this court that a charge to the *889effect that it was for the jury to determine whether the words used amounted to a charge of crime was proper; and, also, that the words in the charge which left it to the jury to say “whether or not the defendant in good faith, in the line of his duty, without malice, stated what he did believing it to be true,” were proper; and the judgment there under review was reversed on account of rulings rejecting some evidence offered. The charge to which reference has been made, in…
2Cases cited10 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Bush v. . ProsserNew York Court of Appeals · 1854
- Hatfield v. . LasherNew York Court of Appeals · 1880
- Simmons v. . HavensNew York Court of Appeals · 1886
- Willover v. . HillNew York Court of Appeals · 1878
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