Dallin v. Mayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nathan Dallin, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 19th day: of June, 1907, setting aside the verdict of a jury in favor of the plaintiff and granting the defendant’s motion for a new trial.
1Opinion of the Court
Lambert, J.:
The plaintiff, upon a conflict of evidence, was given a verdict for $200 in an action for- slander. On motion of defendant the ' learned trial court granted an order setting aside this verdict. An examination of the case, no exceptions appearing, shows that the plaintiff produced evidence tending to show that the defendant in a court room denounced the plaintiff, among other things, as a thief. This language is clearly actionable per se, and the verdict of the jury for $200 was not such as to indicate any passion or prejudice or other improper motive. In such a case there is…
2Cited by9 opinions
- Torres v. HunerAppellate Division of the Supreme Court of the State of New York · 1912
- Wagner v. H. Herrmann Lumber Co.Appellate Terms of the Supreme Court of New York · 1910
- Jackson v. Olin J. Stephens, Inc.New York City Court · 1913
- Boyle v. MacDougallNew York Supreme Court · 1926
- Gottlieb v. CoutantCity of New York Municipal Court · 1911
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