Legal Opinion

Van Benschoten v. Yaple

New York Supreme Court

Decided August 15, 1855PublishedCited by 4 opinions

Motion to strike out, &c. The complaint is for slander. The charge stated is, that the plaintiff had stolen the defendant’s hay.

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Motion to strike out, &c. The complaint is for slander. The charge stated is, that the plaintiff had stolen the defendant’s hay. The defendant, in his answer, denied the allegations in the complaint; and, for a second defence, it stated, “that, on the 16th day of July, 1855. and for several years prior thereto, at the town of Fallsburgh, in the county of Sullivan, in the neighborhood where the plain tiff has resided, and still continues to reside, he, the plaintiff had, and still has and possesses the character and reputation of being addicted to stealing, and of having been, on divers times…

1Opinion of the Court

Harris, Justice.

I have repeatedly taken up the papers in this case for the purpose of deciding this motion, and have as often laid them aside, for the reason that I found it no easy thing to satisfy myself how the court of appeals had finally settled the rules of pleading and evidence in actions like this»

In Bush agt. Prosser, (1 Kern. 347,) the defendant, in an action for slander, had, in" his answer, set up, by "way of defence, a state of facts tending to show the truth of the charge, but confessedly falling short of a justification. Upon the trial he had offered to prove the allegations in…

2Cases cited2 opinions

  1. Gilman v. LowellNew York Supreme Court · 1832
  2. Mapes v. WeeksNew York Supreme Court · 1830

3Cited by4 opinions

  1. Wrege v. JonesNorth Dakota Supreme Court · 1904
  2. Bissell v. Press Publishing Co.New York Supreme Court · 1891
  3. Littlejohn v. GreeleyNew York Supreme Court · 1861
  4. Fink v. JusthThe Superior Court of New York City · 1872

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