Keenholts v. Becker
New York Supreme Court
Slander tried before Parker, C. Judge, at-the.-Albany .circuit in-April, 1844.- The-declaration alleged that, the-: defendant had charged the-plain tiff’s-wife with incontinence-before her marriage with,the plaintiff, and set forth special damages; namely, .that in .consequence. of the speaking of the words the. wife of the plaintiff had become sick and disabled, whereby the plaintiff had lost her services ; and also, that by means thereof, one Christopher Keenholts, who had…
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Slander tried before Parker, C. Judge, at-the.-Albany .circuit in-April, 1844.- The-declaration alleged that, the-: defendant had charged the-plain tiff’s-wife with incontinence-before her marriage with,the plaintiff, and set forth special damages; namely, .that in .consequence. of the speaking of the words the. wife of the plaintiff had become sick and disabled, whereby the plaintiff had lost her services ; and also, that by means thereof, one Christopher Keenholts, who had been accustomed to supply and would have supplied the plaintiff with provisions, gratuitously, ceased to do so. Plea,…
1Opinion of the Court
By the Court, Beardsley, J.
In slander, as in other actions, the plaintiff must prove his case as stated in his declaration. If he count upon words in the English language, he cannot support his action by proof of like words spoken in another tongue. It must also appear, in every case, that the cause of action preceded its commencement. Hence, in slander, the *349words complained of must have been spoken, and if special damages are material to be shown, they must have arisen before suit brought. These are familiar principles, which need no reference to authority for their support.
Various words…
2Cited by20 opinions
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Hallock v. MillerNew York Supreme Court · 1848
- Frazier v. . McCloskeyNew York Court of Appeals · 1875
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