Ross v. Rouse
New York Supreme Court
This was an action on the case for slander. The plaintiff was a witness in a case submitted to arbitration between the defendant and one Timothy Rouse, and whilst he was testifying, the defendant, addressing him, said .* e< Every word you have sworn to is false.” And immediately after the arbitration, in the bar-room of the house where the arbitration was holden, said : a A. Rouse has sworn to a lie, and I can prove it.”
Read the full summary
This was an action on the case for slander. The plaintiff was a witness in a case submitted to arbitration between the defendant and one Timothy Rouse, and whilst he was testifying, the defendant, addressing him, said .* e< Every word you have sworn to is false.” And immediately after the arbitration, in the bar-room of the house where the arbitration was holden, said : a A. Rouse has sworn to a lie, and I can prove it.” The defendant proved by Henry A. Wisner, that disputes had existed between the defendant and Timothy Rouse as to the extent of certain privileges secured to each of the…
1Opinion of the Court
By the Court,
Sutherland, J.
The words proved were, substantially, that the plaintiff had sworn falsely upon the trial before the arbitrators. These words are not actionable in themselves. A witness may swear' falsely without committing perjury. If the whole testimony given upon that trial by the plaintiff, was immaterial, then no action can be sustained against the defendant for having said it *477was false. The evidence alleged to have been false, must be shown to have been material. (Hopkins v. Beedle, 1 Caines, 347. Chapman v. Smith, 13 Johns. R. 81. Crookshank v. Gray, 20 Johns. R. 344.) Henry…
2Cases cited1 opinion
- Hopkins v. BeedleNew York Supreme Court · 1803
3Cited by13 opinions
- Steinman v. McWilliamsSupreme Court of Pennsylvania · 1847
- Power v. PriceCourt for the Trial of Impeachments and Correction of Errors · 1836
- People v. BrillNew York Court of General Session of the Peace · 1917
- Power v. PriceNew York Supreme Court · 1834
- Phincle v. VaughanNew York Supreme Court · 1851
8 more not listed; retrieve them via the Exa API.