Harcourt v. Harrison
The Superior Court of New York City
This was an action on the case, brought to.recover damages of the defendant, for defamatory words, spoken by him of the plaintiff. The declaration contained three counts.
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This was an action on the case, brought to.recover damages of the defendant, for defamatory words, spoken by him of the plaintiff. The declaration contained three counts. The first count charged the defendant with uttering and publishing, on the I lth day of June in the year 1828, false, slanderous and defamatory words against the plaintiff to James R. Manly and Smith Cutter, two of the health commissioners of the city of New-York, '(“ the “ said defendant being also a commissioner of health,”) the plaintiff then being steward, of the Marine Hospital at Staten Island, which office he had held…
1Opinion of the Court
Oakley, J,
The only question raised at the trial was, whether the plaintiff had sustained any special damage, he having set forth such damage in his declaration, and having made it the foundation and gist of his action.
Now it clearly appeared that the defendant never was removed from his office, and of course the whole cause of complaint vanished, unless the words spoken were actionable per se. . It is not contended, on the part-of the plaintiff, that the words charged in the second and third counts were so proved as to make, it appear that the jury have found a verdict against the evidence on…
2Cited by1 opinion
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