Weed v. Bibbins
New York Supreme Court
APPEAL'from a judgment entered upon the verdict of a jury, after a trial at the circuit. The action was for slander. The complaint alleged that on the 20th day of December, 1849, the plaintiff was duly and lawfully married to Elihu Weed,,of Weedsport, now deceased, and continued to be Ms lawful wedded wife from that time until the 6th day of February, 1859, when the said Elihu Weed departed this life, and since that time she has continued to be, arid now is, the widow of the…
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APPEAL'from a judgment entered upon the verdict of a jury, after a trial at the circuit. The action was for slander. The complaint alleged that on the 20th day of December, 1849, the plaintiff was duly and lawfully married to Elihu Weed,,of Weedsport, now deceased, and continued to be Ms lawful wedded wife from that time until the 6th day of February, 1859, when the said Elihu Weed departed this life, and since that time she has continued to be, arid now is, the widow of the said Elihu Weed, deceased. ‘ That the said Elihu Weed and the plaintiff had neither of them ever been married to any…
1Opinion of the Court
By the Court,
Johnson, J.
The motion for a nonsuit was properly denied. The first count is open to the objection that the innuendo attempts to enlarge the meaning of the words spoken, beyond the averment introductory to the speaking of the words. The introductory averment is, that the defendant, contriving and intending to have it understood *320and "believed that the plaintiff was intending to produce an' infant, and pretend that it was born of herself. The innuendo is, that the defendant meant, and intended, by the speaking of the words, to charge the plaintiff with attempting to produce a false…
2Cases cited2 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Gibson v. WilliamsNew York Supreme Court · 1830
3Cited by7 opinions
- Hanson v. BristowSupreme Court of Kansas · 1912
- Wrege v. JonesNorth Dakota Supreme Court · 1904
- Cole v. NeustadterOregon Supreme Court · 1892
- Dahm v. O'ConnellNew York Supreme Court · 1916
- Lally v. EmeryNew York Supreme Court · 1891
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