Underhill v. Taylor
New York Supreme Court
Slander, tried before Willard, C. Judge, at the Saratoga circuit in December* 1846. A trial was had before a justice of the peace, between Abraham K. Underhill as plaintiff, and William V. R. Taylor as defendant; who is the defendant in this suit. On that trial the plaintiff in this suit was a witness on the part of the plaintiff in that suit.
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Slander, tried before Willard, C. Judge, at the Saratoga circuit in December* 1846. A trial was had before a justice of the peace, between Abraham K. Underhill as plaintiff, and William V. R. Taylor as defendant; who is the defendant in this suit. On that trial the plaintiff in this suit was a witness on the part of the plaintiff in that suit. Soon after that trial, the defendant, in a conversation with William L. Taylor, said to him of the plaintiff, that he had sworn to a lie. After the plaintiff had proved the speaking of the slanderous words, the counsel for the defendant offered to…
1Opinion of the Court
By the Court, Cady, P. J.
There was no error in the act of the judge in excluding the evidence offered in mitigation. *349If Abraham K. Underhill did address irritating language to the defendant, it furnished the defendant with no apology, for afterwards, in a conversation with William V. R. Taylor, uttering slanderous words of the plaintiff. On the return of the summons before the justice, William W R. Taylor, the plaintiff therein named, did not appear in person, but Hervey Edwards appeared for him, without objection, and joined issue with Abraham K. Underhill, the defendant in that suit; and on…
2Cited by3 opinions
- Palmer v. LangNew York Court of Common Pleas · 1877
- Crown Point Iron Co. v. FitzgeraldNew York Supreme Court · 1888
- Rickey v. ChristieNew York Supreme Court · 1886