Palmer v. Haight
New York Supreme Court
This was a writ of error to the Greene common pleas. The plaintiff in error was defendant below. The action was slander. The declaration set forth the following charges, as having been made by the defendant against the plaintiff; “ You have committed perjury.” “ You stole the cattle.” “ He perjured himself, for he stole the cattle.” “ He perjured himself before the grand jury.” The defendant pleaded the general issue, and two pleas of justification.
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This was a writ of error to the Greene common pleas. The plaintiff in error was defendant below. The action was slander. The declaration set forth the following charges, as having been made by the defendant against the plaintiff; “ You have committed perjury.” “ You stole the cattle.” “ He perjured himself, for he stole the cattle.” “ He perjured himself before the grand jury.” The defendant pleaded the general issue, and two pleas of justification. The first plea justified the words charging the plaintiff with having stolen the cattle. The second, justified the words charging the defendant…
1Opinion of the Court
By the Court, Harris, P. J.
The defendant, for the purpose of sustaining his first plea of justification, which was that the plaintiff had in fact stolen the cattle, proved that the cattle had been driven from the town of Hunter, some thirty miles into the county of Delaware. The evidence was, probably, pertinent, and tended to sustain the plea. If it was pertinent, then it was clearly competent to show the circumstances under which the cattle were driven away, and the contract under which they wére left with Oakley, in Delaware. All the circumstances connected with the transaction were proper…
2Cases cited2 opinions
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Andrews v. VanduzerNew York Supreme Court · 1814
3Cited by6 opinions
- Newton v. StateSupreme Court of Florida · 1884
- Hart v. . the Hudson River Bridge CompanyNew York Court of Appeals · 1881
- Bennett v. O'ByrneIndiana Supreme Court · 1864
- Washington Post Co. v. ChalonerCourt of Appeals for the D.C. Circuit · 1917
- Christianson v. O'NeilNew York Supreme Court · 1902
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