Demarest v. Haring
New York Supreme Court
Slander, tried at the New- York circuit, December 8th, 1824, before Edwards, C. Judge. The first count of the declaration stated, that the plaintiff was a minister of the gospel of the reformed Dutch church, ordained and duly installed as the clergyman of the reformed Dutch church, at Kakiat, in the town of Hempstead, in the county of Éockland, at a certain yearly salary. That he faithfully performed his duty as such.
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Slander, tried at the New- York circuit, December 8th, 1824, before Edwards, C. Judge. The first count of the declaration stated, that the plaintiff was a minister of the gospel of the reformed Dutch church, ordained and duly installed as the clergyman of the reformed Dutch church, at Kakiat, in the town of Hempstead, in the county of Éockland, at a certain yearly salary. That he faithfully performed his duty as such. That the defendant, wickedly and maliciously intending to injure the plaintiff in his good name, fame, &c., and in order to disgrace him, and to cause it to be believed that he…
1Opinion of the Court
Curia, per
Savage, Ch. J.
(After stating the facts.) With regard to the motion in arrest, the enquiry is, whether the words, as laid, are actionable; for, on this motion, we are to take it for granted that they were proved as laid ; and with the intention imputed.
The doctrine of construing words in mitiori sensu, has been exploded • and a more rational rule now prevails: that words are to be understood according to their plain and natural import; according to the ideas they are calculated to convey to those to whom they are addressed. (Goodrich v. Woolcott, 3 Cotoen, 239-40, and cases there…
2Cases cited1 opinion
- Walton v. SingletonSupreme Court of Pennsylvania · 1821
3Cited by12 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Barton v. HolmesSupreme Court of Iowa · 1864
- J.A. R.A. Reid v. Prov. Journal Co.Supreme Court of Rhode Island · 1897
- Giddens v. MirkSupreme Court of Georgia · 1848
- Davis v. SladdenOregon Supreme Court · 1889
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