Van Tassel v. Capron
Court for the Trial of Impeachments and Correction of Errors
Declaration &r verbal slander. Introductory averment, that tb.o plaintiff before, and at the time, &c. was a justice of the peace :;f the county of Warren, and as such justice, on the 28th of Ff.Lruary, '1842, at Qneensbury in said county, had rendered a judgment in favor of the defendant Capron, against Davis & Granger, on which an execution was issued on the 8th of March following, to Kenworthy, a constable: that afterwards, on the 1st of July, 1842, the defendant sold the…
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Declaration &r verbal slander. Introductory averment, that tb.o plaintiff before, and at the time, &c. was a justice of the peace :;f the county of Warren, and as such justice, on the 28th of Ff.Lruary, '1842, at Qneensbury in said county, had rendered a judgment in favor of the defendant Capron, against Davis & Granger, on which an execution was issued on the 8th of March following, to Kenworthy, a constable: that afterwards, on the 1st of July, 1842, the defendant sold the judgment to King Allen and Ira Greene for a price greatly inadequate to its nominal value; that the defendant was a…
1Opinion of the Court
By the Court, Bronson, Ch. J.
It is not necessary to consider the questions of form which have been made; for I am of opinion that the declaration is bad in substance. It is the privilege of the vulgar, to use coarse and abusive language; and no action will lie for calling a man such opprobrious names ás liar, cheat, rascal, swindler, blackleg, and the like. Nor will such words be actionable though spoken of one who holds an office, or exercises some trade or profession, unless they are spoken of, and touch him in his office or calling. It .is not enough that the words may tend to injure him…
2Cited by18 opinions
- Fowles v. . BowenNew York Court of Appeals · 1864
- Krug v. . PitassNew York Court of Appeals · 1900
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Kinney v. . NashNew York Court of Appeals · 1849
- Davis v. SladdenOregon Supreme Court · 1889
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