Legal Opinion

Hewit v. Mason

New York Supreme Court

Decided July 1, 1863PublishedCited by 4 opinions

Demurrer to the complaint. The words charged were, “ nothing ails him but the pox.: he is rotten with it, he got it,” &c.

1Opinion of the Court

Boches, Justice.

Demurrer to the complaint. The action is slander. The plaintiff states in his complaint, that he is twenty-two years of age, and unmarried; that in February, 1862, he was ill, whereupon the defendant falsely and maliciously charged him with having an infectious disease, known as lues venerea, by reason of which he was injured in his good name and business, and excluded from the society of his friends and neighbors, to his damage of $2,000, for which he demands judgment. The defendant interposed a general demurrer, and insists that the words are not actionable per se, and that…

2Cases cited3 opinions

  1. Williams v. HoldredgeNew York Supreme Court · 1854
  2. Wright v. PaigeNew York Supreme Court · 1862
  3. Burtch v. NickersonNew York Supreme Court · 1819

3Cited by4 opinions

  1. Delie v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
  2. McDonald v. NugentSupreme Court of Iowa · 1904
  3. Casale v. CalderoneAppellate Terms of the Supreme Court of New York · 1906
  4. Flatow v. Von BremsenCity of New York Municipal Court · 1890

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