Allen v. Crofoot
New York Supreme Court
This was an action of slander, tried at the Onondaga cir- ° cuit, in February, 1828, before the Hon. Enos T. Throop, then one of the circuit judges. The defendant had entered a complaint in writing, under .r . ° oath before a justice, against the plaintiff.
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This was an action of slander, tried at the Onondaga cir- ° cuit, in February, 1828, before the Hon. Enos T. Throop, then one of the circuit judges. The defendant had entered a complaint in writing, under .r . ° oath before a justice, against the plaintiff. The plaintiff was arrested on a warrant and brought before the justice, and after perusing the complaint, he asked the defendant, who was i present, if he was guilty; to which the defendant answered H that his shop had been broken open, his leather stolen, and his shoes cut to pieces, and he believed the defendant did it, and that he had…
1Opinion of the Court
By the Court, Marcy, J.
The principle of law involved in this defence does not seem to be very clearly settled. After reviewing the cases on this subject, Starkie, (Treatise on Slander, 193,) lays down the broad rule that “ No action can be maintained for any thing said or otherwise published in the course of a judicial proceeding, whether criminal or civil; though for a malicious and groundless prosecution an action and perhaps an indictment may be supported, founded on the whole proceeding.” This court, in the case of Ring v. Wheeler, (7 Cowen, 725,) adopt the rule of law laid down in…
2Cited by2 opinions
- Perkins v. MitchellNew York Supreme Court · 1860
- Stewart v. HallCourt of Appeals of Kentucky · 1885