Like v. McKinstry
New York Supreme Court
APPEAL from a judgment entered at the circuit and an order made at a special term, denying a motion for a new trial. The action was brought for slander of the plaintiff’s title to personal property, and was tried at the Columbia circuit, in January, 1863, before Justice Hogeboom and a jury.
Read the full summary
APPEAL from a judgment entered at the circuit and an order made at a special term, denying a motion for a new trial. The action was brought for slander of the plaintiff’s title to personal property, and was tried at the Columbia circuit, in January, 1863, before Justice Hogeboom and a jury. The plaintiff hired and occupied a farm of the defendant, in the town of Livingston, Columbia county, for three years from April 1, 1859, to April 1, 1862, under a hiring from year to year by verbal agreement. The agreement for the last year, from April 1, 1861, to April 1, 1862, was made in March, 1861,…
1Opinion of the Court
By the Court, Miller, J.
This action was brought to
recover damages for slander of the plaintiff’s title to personal property. It is somewhat of a novel character, and the first inquiry which addresses itself to'the consideration of the court, is whether such an action can be maintained. ' Actions for slander to character and of the title to -real estate are clearly maintainable. As they rest upon the fact that injury has been sustained, by analogy there would appear to be no reason why a party injured should not recover damages for slander of the title to personal property. In principle both…
2Cases cited5 opinions
- Tobias v. HarlandNew York Supreme Court · 1830
- Bailey v. DeanNew York Supreme Court · 1848
- Hill v. WardSupreme Court of Alabama · 1848
- Linden v. GrahamThe Superior Court of New York City · 1853
- Kendall v. StoneThe Superior Court of New York City · 1848
3Cited by13 opinions
- Panama Railroad v. RockSupreme Court of the United States · 1924
- Carroll v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1937
- Le Massena v. StormAppellate Division of the Supreme Court of the State of New York · 1901
- Long v. RuckerMissouri Court of Appeals · 1912
- May v. AndersonIndiana Court of Appeals · 1896
8 more not listed; retrieve them via the Exa API.