Palmer v. Lang
New York Court of Common Pleas
Appeal by the defendant from a judgment of this court entered on a verdict of a jury at trial term. The action was for slander, the alleged defamatory words being “ You (meaning the plaintiff) are a thief and a scoundrel ; you have made false entries in my books; you have sold flour for me, and charged and collected therefor more than you returned or accounted to me for, and kept the balance; you and Clarkson stole $3,000 from me.”
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Appeal by the defendant from a judgment of this court entered on a verdict of a jury at trial term. The action was for slander, the alleged defamatory words being “ You (meaning the plaintiff) are a thief and a scoundrel ; you have made false entries in my books; you have sold flour for me, and charged and collected therefor more than you returned or accounted to me for, and kept the balance; you and Clarkson stole $3,000 from me.” The defendant on the trial offered to show in mitigation of damages the facts stated in the opinion, but the evidence was excluded.
1Opinion of the CourtVan Hoesen, J.
The charge to the jury is unexceptionable ; and of all the exceptions taken only one seems to me to be well-founded. I say only one, for the three excep*34tions appearing at folios 59 and 60 are merely a single exception taken three times in succession. The defendant sought to prove in mitigation of damages that the slanderous words complained of were spoken by him in the heat of passion, occasioned by recent conduct of a provoking character on the part of the plaintiff. The plaintiff was discharged from the defendant’s employ on the 29th day of August, 1874. On the 22d day of October following,…
2Cases cited3 opinions
- Richardson v. NorthrupNew York Supreme Court · 1867
- Botelar v. BellCourt of Appeals of Maryland · 1851
- Underhill v. TaylorNew York Supreme Court · 1848
3Cited by1 opinion
- Bennett v. Agricultural InsuranceNew York Supreme Court · 1884