Potter v. Thompson
New York Supreme Court
MOTION by the defendants for a new trial, upon a case. The action was against husband and wife, for slander uttered by the wife.
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MOTION by the defendants for a new trial, upon a case. The action was against husband and wife, for slander uttered by the wife. The complaint alleged that some time about the month of September, 1853, at &c., a watch was stolen from the premises of the defendant Lovel Thomson j that Maria Thompson, the wife of the said Lovel, did, “ on or about the month of November, 1853,” utter the words specified, intending to convey the idea that the plaintiff had been guilty of larceny, in stealing the said watch. The second count alleged the uttering of other words “ sometime during the month of…
1Opinion of the Court
By the Court, T. R. Strong, J.
There is abundant evidence of the speaking, by the defendant, of a portion of the words as laid in the complaint, and under such circumstances, and in such connection, as thereby to impute, and to convey to the minds of the hearers, that the plaintiff had committed the crime of larceny. It was objected at the trial, and that objection is urged here, that this evidence does not sustain the complaint, inasmuch as it relates to periods several months subsequent to the times of speaking the words stated in the complaint; but there is no force in the objection. The…
2Cases cited1 opinion
- Clapp v. Hudson River Rail RoadNew York Supreme Court · 1854
3Cited by6 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1884
- Quigley v. McKeeOregon Supreme Court · 1885
- Davey v. DaveyNew York Supreme Court · 1898
- Kellogg v. BakerThe Superior Court of New York City · 1862
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