Linehan v. . Nelson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1909, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 10, 1909, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in permitting witnesses to testify that the statements made by the defendant Nelson at the time of the slander did not injure Linehan’s reputation in their estimation, and that they did not think much about it afterwards. (Titus v. Sumner, 44 N. Y.…
1Opinion of the CourtWerner, J.
This case belongs to a class in which the number of interesting and perplexing questions of law are not infrequently in inverse ratio to the importance of the subject-matter. The action is for slander. At Trial Term the defendant had a verdict, and the judgment entered upon it was affirmed at the Appellate Division by a divided court. The substance of the allegations of the complaint is that the defendant falsely and maliciously accused the plaintiff with having committed perjury. At the trial the plaintiff pre sented evidence tending to show that in an action tried before a justice of the…
2Cases cited4 opinions
- Hayes v. . BallNew York Court of Appeals · 1878
- Vaughan v. HavensNew York Supreme Court · 1811
- Hopkins v. BeedleNew York Supreme Court · 1803
- Warner v. . SouthallNew York Court of Appeals · 1901
3Cited by11 opinions
- Julian v. American Business Consultants, Inc.New York Court of Appeals · 1956
- Mattox v. News Syndicate Co.Court of Appeals for the Second Circuit · 1949
- Cheatum v. WehleNew York Court of Appeals · 1959
- Pauling v. National Review, Inc.New York Supreme Court · 1966
- Michaels v. Gannett Co.Appellate Division of the Supreme Court of the State of New York · 1960
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