Kennedy v. Gifford
New York Supreme Court
This was an action of slander, tried at the Rensselaer circuit in March, 1836, before the Horn James Vanderpoel, then one of the circuit judges.
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This was an action of slander, tried at the Rensselaer circuit in March, 1836, before the Horn James Vanderpoel, then one of the circuit judges. The first count of the declaration, after the usual prefatory-matter as to the good name of the plaintiff, and that she had never been suspected to have been guilty of the detestable and abominable crime against nature, stated that she resided with her father, Hugh Kennedy, that she had for a long time been sick, and that in such sickness had been attended by a physician of the name of Dorr; and that the defendant, maliciously intending to injure her…
1Opinion of the Court
By the Court,
Cowen, J.
We need go no farther than Goodrich v. Woolcott, 3 Cowen, '231; 5 id. 714, S. C. on error, which was extremely well considered, to see that the declaration in the case at bar is good, and, of course, that the words proved, which do not materially vary from the declaration, are slanderous. It was held in the case cited, that a declaration containing words which, in common understanding, would import the crime against nature, preceding arid following them with an averment of the intent to charge the plaintiff with a crime against nature, and that they were so understood,…
2Cases cited4 opinions
- Miller v. MaxwellNew York Supreme Court · 1836
- Inman v. FosterNew York Supreme Court · 1832
- Gorham v. IvesNew York Supreme Court · 1829
- Fitch & Lozee v. BeachNew York Supreme Court · 1836
3Cited by23 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- Eldridge v. StateSupreme Court of Florida · 1891
- Commonwealth v. SwallowSuperior Court of Pennsylvania · 1898
- Abell v. Cornwall Industrial Corp.New York Court of Appeals · 1925
- Garrett v. DickersonCourt of Appeals of Maryland · 1863
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