Legal Opinion

Buys v. Gillespie

New York Supreme Court

Decided February 15, 1807PublishedCited by 6 opinions

This was an action for slander. ■ The declaration contained seven counts. The words spoken by the defendant, charged the wite of the plaintiff with adultery. The words were variously laid in the several counts; but no special damages were alleged. On a motion in arrest of judgment, the only question was, whether the words spoken by the defendant, and amounting to a charge of adultery, were in themselves actionable.

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This was an action for slander. ■ The declaration contained seven counts. The words spoken by the defendant, charged the wite of the plaintiff with adultery. The words were variously laid in the several counts; but no special damages were alleged. On a motion in arrest of judgment, the only question was, whether the words spoken by the defendant, and amounting to a charge of adultery, were in themselves actionable. To maintain this action, the ‘ words should import some crime for which the plaintiff would have been punishable. By the common law, adultery is not an indictable offence.* No…

1Opinion of the Court

Kent, Ch. J.

delivered the opinion of the court. This is a motion in arrest of judgment. The suit was for chargipg the plaintiff’s wife with adultery ; but no special damages were laid, and the question is, whether words to that effect be of themselves actionable.

It is very clear that they are- not actionable by the English law. All the cases of actions for that species of defamation arise either upon the custom of the city of London, where lewdness in a woman exposes her to cor_ poral punishment, or by reason of special damages specifically laid. During the time of the English commonwealth,…

2Cited by6 opinions

  1. Pollard v. LyonSupreme Court of the United States · 1876
  2. Shepard v. PhilbrickNew York Supreme Court · 1846
  3. Davis v. SladdenOregon Supreme Court · 1889
  4. Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1936
  5. Williams v. HoldredgeNew York Supreme Court · 1854

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