Legal Opinion
Waltenberg v. Bernhard
City of New York Municipal Court
Decided March 15, 1899Published
This is an appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff and against the defendant, and from an order denying a motion for a new trial.
1Opinion of the CourtSchuchman, J.
This complaint alleges a canse of action on slander. The defendant is charged with having spoken of the plaintiff as follows:
“ I can bring eleven witnesses who saw plaintiff take the goods. She took the rings either out of spite or for gain. They are probably destroyed now.”
Defendant’s answer denies each and every allegation of the complaint and sets up justification by averring “ that the plaintiff had taken certain goods and merchandise belonging to the defendant, and that the defendant could bring abundant proof from witnesses who saw the plaintiff take such goods and merchandise, and the…
2Cases cited3 opinions
- Holmes v. . JonesNew York Court of Appeals · 1895
- Lanpher v. . ClarkNew York Court of Appeals · 1896
- Thompson v. WeldeAppellate Division of the Supreme Court of the State of New York · 1896