Rundell v. Butler
New York Supreme Court
This was an action for slander, tried before Justice Harris, at ,the Greene circuit in April, 1848. The plaintiff proved that in 1846 a suit was pending before a justice of the peace, in which William McKeon was plaintiff and Hardy Rundell defendant, and that the latter applied for an adjournment and was sworn and examined in support of the application.
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This was an action for slander, tried before Justice Harris, at ,the Greene circuit in April, 1848. The plaintiff proved that in 1846 a suit was pending before a justice of the peace, in which William McKeon was plaintiff and Hardy Rundell defendant, and that the latter applied for an adjournment and was sworn and examined in support of the application. The plaintiff called several witnesses, who testified that the defendant said, on different occasions, that the plaintiff swore false on that application, and he could prove it. The words proved were the same laid in the declaration. The…
1Opinion of the Court
By the Court, Parker, J.
There were no such words laid in the declaration as those proved by James Palmer and Obadiah Caldwell. They were no part of any conversation previously proved, nor were they necessary to explain any other evidence. It is now well settled that actionable words, not counted on, can not be given in evidence. (Keenholts v. Becker, 3 Denio, 346. Root v. Lowndes, 6 Hill, 518.) It is necessary then, to ascertain whether these words were actionable, or whether they could have been made so when supported by-proper averments and proof. It is not necessary that a charge, to be…
2Cases cited4 opinions
- Gibson v. WilliamsNew York Supreme Court · 1830
- Gilman v. LowellNew York Supreme Court · 1832
- Keenholts v. BeckerNew York Supreme Court · 1846
- Dorland v. PattersonNew York Supreme Court · 1840
3Cited by8 opinions
- Zeliff v. JenningsTexas Supreme Court · 1884
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- True v. PlumleySupreme Judicial Court of Maine · 1853
- Nealon v. FrisbieThe Superior Court of New York City · 1895
- Gray v. NellisNew York Supreme Court · 1851
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