Warner v. Paine
The Superior Court of New York City
This was an an action for a libel, in charging the plaintiff with having committed perjury. The facts of the case are as follows: In the month of May, 1846, a bill was filed in the court of chancery, by Frances L. Warner, against the defendant and two others, in relation to a certain judgment held by the defendants against the now plaintiff, in which bill it was alleged, upon information and belief, that the defendants Painea nd Clason, had purchased the judgment for the…
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This was an an action for a libel, in charging the plaintiff with having committed perjury. The facts of the case are as follows: In the month of May, 1846, a bill was filed in the court of chancery, by Frances L. Warner, against the defendant and two others, in relation to a certain judgment held by the defendants against the now plaintiff, in which bill it was alleged, upon information and belief, that the defendants Painea nd Clason, had purchased the judgment for the purpose of speculation and contrary to the statute, said defendants being attorneys at law. In order to obtain an…
1Opinion of the CourtBy the Court. Vanderpoel, J.
The plaintiff contends that the words in the defendant’s affidavit, imputing perjury to the plaintiff, were not relevant or pertinent to the matter before the chancellor. The defendant contends, that the words or clause in question were pertinent, and that it must be treated as a privileged communication or publication. The fate of the verdict depends upon the result of this inquiry.
There are two classes of privileged communications, recognized in law, in reference to the action of slander. In one, malice is not always to be inferred from the mere speaking or publishing of the words ; but the…
2Cases cited3 opinions
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ring v. WheelerNew York Supreme Court · 1827
3Cited by9 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Spaids v. BarrettIllinois Supreme Court · 1870
- Lesser v. International Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Mielenz v. QuasdorfSupreme Court of Iowa · 1886
- Feinstein v. KayeNew York Supreme Court · 1945
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