Upton v. Upton
New York Supreme Court
Appeal from circuit court. Action by Ella Upton against Daniel Upton and Lovina, his wife, for slanderous words spoken by the latter. From a judgment entered upon a verdict, and from an order denying a motion for new trial, defendants appeal.
1Opinion of the CourtKennedy, J.
Action against the defendants, as husband and wife, to recover damages for slanderous words uttered by the wife, in the absence of her husband, of and concerning the plaintiff. The words charged as slanderous were sufficiently proven on the trial, and their utterance by the wife was not disputed. The defendants allege in their respective answers that at the time she uttered the slanders the said Lovina was of unsound mind, and not responsible. Evidence was given tending to show that such was her mental condition, and that she had been thus afflicted for some time previous thereto. On the part…
2Cases cited3 opinions
- Inman v. FosterNew York Supreme Court · 1832
- Bassell v. . ElmoreNew York Court of Appeals · 1872
- Williams v. HoldredgeNew York Supreme Court · 1854
3Cited by6 opinions
- Sleight v. WoodsNew York Supreme Court · 1932
- Nealon v. FrisbieThe Superior Court of New York City · 1895
- McDonald v. NugentSupreme Court of Iowa · 1904
- Nealon v. FrisbieThe Superior Court of the City of New York and Buffalo · 1895
- Lally v. EmeryNew York Supreme Court · 1891
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