Douglass v. Tousey
New York Supreme Court
This was an action of slander, tried at the Monroe circuit, in March, 1828, before the Hon. John Birbsall, one t^ie ca’cuit judges. The words charged, and which were proved on the trial to have been spoken, were, “ you are a thief, you stole my wife’s dress.” The plaintiff had resided Owego, and had removed to Rochester but six weeks before the speaking of the words complained of, where she kept a boarding house.
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This was an action of slander, tried at the Monroe circuit, in March, 1828, before the Hon. John Birbsall, one t^ie ca’cuit judges. The words charged, and which were proved on the trial to have been spoken, were, “ you are a thief, you stole my wife’s dress.” The plaintiff had resided Owego, and had removed to Rochester but six weeks before the speaking of the words complained of, where she kept a boarding house. The defendant and his wife, and a number of other persons boarded with her, and on the occasion of the speaking of the words, the house was broken up. The defendant, for the purpose…
1Opinion of the Court
By the Court, Marcy, J.
1. It is said the judge erred in refusing testimony of the bad character of the plaintiff subsequent to the speaking of the words laid in the declaration.
It is a well established principle, that the defendant in an action of slander may mitigate damages, where he has not *354justified by proving the general bad character of the plaintiff before and at the time of uttering the slanderous words imputed to him, but proof of bad character subsequent to that t™6 is n°t admissible. (2 Campb. R. 251. Starkie’s Ev. pt. 4, 369, 878.) Although the bad character which the defendant…
2Cited by57 opinions
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