Dolevin v. Wilder
The Superior Court of New York City
This is an action of slander. The words charged as having been uttered are, “You are a thief! you are a thief!” The answer, amongst other things, alleges, in mitigation of damages, substantially as follows: That plaintiff and defendant are in the same line of business, to wit.,-sail makers; that about a year previous to the utterance of the words, the captain of a vessel came to defendant’s place of business, at New York city, and directed his foreman to send to his vessel…
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This is an action of slander. The words charged as having been uttered are, “You are a thief! you are a thief!” The answer, amongst other things, alleges, in mitigation of damages, substantially as follows: That plaintiff and defendant are in the same line of business, to wit.,-sail makers; that about a year previous to the utterance of the words, the captain of a vessel came to defendant’s place of business, at New York city, and directed his foreman to send to his vessel and get certain sails to repair; that plaintiff at that time was standing by, and immediately went to the vesel a,nd…
1Opinion of the CourtJones, J.
The case of Bush agt. Prosser (11 N. Y. R. 347), and Bisby agt. Shaw (12 N. Y. R. 67),, settle two principles in the law relative to actions for libel and slander, under the provisions of the Code. These are :
First. That mitigating circumstances may be pleaded in connection with a general denial, and. with or without a plea of justification.
Second. That all matters which tend to disprove malice may be pleaded in mitigation of damages, although they may tend to prove the truth of the words complained of.
These principles, taken in connection with the law as it stood prior to the Code, which…
2Cited by8 opinions
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Goodrow v. New York American, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Hatch v. MatthewsNew York Supreme Court · 1895
- Wrege v. JonesNorth Dakota Supreme Court · 1904
- Israel v. IsraelMissouri Court of Appeals · 1904
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