Gidney v. Blake
New York Supreme Court
IN ERROR, from the court of common pleas of Orange county. Gidney brought an action of slander against Blake in ^ie court below.
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IN ERROR, from the court of common pleas of Orange county. Gidney brought an action of slander against Blake in ^ie court below. The declaration contained several counts; ^ie ^rst count stated that the plaintiff was the infant son and one of the children of Daniel Gidney, by whom he prosecuted, &c. and aíter tiie usual averments, that in a certain discourse which the defendant had with the said Daniel, of and concerning the 0 children of the said Darnel, and of and concerning the said Charles, the plaintiff, &c. the defendant maliciously spolce and Polished, &c. the following words: “ your…
1Per curiam
The charge is not vague or indefinite. The words “ your children,” “ his children,” apply to and embrace all the children of Daniel Gidney, with whom the defendant was conversing. The case of Foxcraft v. Lacy (Hob. 89.) is analogous, as to the effect and application of such expressions. In that case, it appears that a suit was pending against the plaintiff and 16 other persons, and a discourse being had concerning the suit, the defendant said these defendants helped to murder H. F., and it was adjudged that each of the 17 defendants was entitled to his separate action of slander. It might…
2Cited by12 opinions
- Van Ingen v. Mail & Express Pub. Co.New York Court of Common Pleas · 1895
- Byers v. MartinSupreme Court of Colorado · 1875
- Maybee v. FiskNew York Supreme Court · 1864
- Ryckman v. DelavanNew York Supreme Court · 1840
- Smart v. BlanchardSupreme Court of New Hampshire · 1860
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