Coons v. Robinson
New York Supreme Court
This was an action for slander, tried before Parker, Cir. Judge, at the Rensselaer circuit in May, 1846. The declaration contained six counts. In the first count the plaintiff set forth a suit before a justice, in which the defendant was plaintiff and one Fowler was defendant; that the justice had jurisdiction of the suit; that on the trial of such suit the plaintiff was sworn as a witness for Fowler, and gave material evidence in his behalf.
Read the full summary
This was an action for slander, tried before Parker, Cir. Judge, at the Rensselaer circuit in May, 1846. The declaration contained six counts. In the first count the plaintiff set forth a suit before a justice, in which the defendant was plaintiff and one Fowler was defendant; that the justice had jurisdiction of the suit; that on the trial of such suit the plaintiff was sworn as a witness for Fowler, and gave material evidence in his behalf. The first four counts charged the uttering of the slanderous words, with a colloquium in relation to such suit and to the evidence given by the…
1Opinion of the Court
By the Court,
Paige, .T.
The points raised on the trial, and on the argument of this cause, were 1. Whether the plaintiff, after proving the pendency of the suit before the justice, and that the plaintiff was examined as a witness therein, was bound to show affirmatively that he, on the occasion referred to, gave evidence material to the issue on trial; and 2. Whether the circuit judge erred, in rejecting the testimony offered by the defendant, that only the evidence given by the plaintiff on his cross-examination was communicated to the defendant, that such evidence was immaterial, and that…
2Cases cited5 opinions
- Gilman v. LowellNew York Supreme Court · 1832
- Power v. PriceCourt for the Trial of Impeachments and Correction of Errors · 1836
- Crookshank v. GrayNew York Supreme Court · 1823
- Niven v. MunnNew York Supreme Court · 1816
- Emery v. MillerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Walrath v. NellisNew York Supreme Court · 1859
- Wilbur v. OstromNew York Supreme Court · 1866