Fero v. . Ruscoe
New York Court of Appeals
Appeal from the supreme court, where Cornelia Fero brought an action of slander against John B. Euscoe, for charging her with perjury in giving evidence before referees in a suit wherein Eoscoe was plaintiff and Isaac W. Fero (the plaintiff’s father) was defendant. The defendant pleaded the general issue, the statute of .limitations, and a justification of the charge.
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Appeal from the supreme court, where Cornelia Fero brought an action of slander against John B. Euscoe, for charging her with perjury in giving evidence before referees in a suit wherein Eoscoe was plaintiff and Isaac W. Fero (the plaintiff’s father) was defendant. The defendant pleaded the general issue, the statute of .limitations, and a justification of the charge. On [163] the trial at the Schoharie circuit, before Watsojv «J. in Oct. 1847, after the plaintiff had made out the speaking of the slanderous words, the defendant introduced evidence for the purpose of proving the truth thereof…
1Opinion of the Court
Bronson, Ch. J.
When one who is sued for defamation deliberately reaffirms the slander, and puts it on the records of the court by way of justification, if he fail to establish the truth of his plea, he has done the plaintiff a new injury, which may properly be regarded as an aggravation of the original wrong. It is said that the attempt to justify may be made in good faith, or the honest belief that the plaintiff is guilty of the matter laid to his charge. That may be so; but the injury to the plaintiff is not diminished by the mistaken belief of the defendant. And when a man is called into…
2Cases cited2 opinions
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3Cited by15 opinions
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- Cadle v. McIntoshIndiana Court of Appeals · 1912
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