Gray v. Nellis
New York Supreme Court
The complaint is in slander, and contains two counts, or separate statements. The first charges that the defendant on or about the 23d day of January 1849, and on divers other days and times between that day and the commencement of this suit, at, fyc., in a certain conversation then and there had with divers good and worthy citizens, of and concerning the plaintiff, then and there spoke (setting out actionable words, with proper inuendo'es). The second count charges that the…
Read the full summary
The complaint is in slander, and contains two counts, or separate statements. The first charges that the defendant on or about the 23d day of January 1849, and on divers other days and times between that day and the commencement of this suit, at, fyc., in a certain conversation then and there had with divers good and worthy citizens, of and concerning the plaintiff, then and there spoke (setting out actionable words, with proper inuendo'es). The second count charges that the defendant afterwards, and on the same day and year aforesaid, at the place aforesaid, "in a certain other discourse…
1Opinion of the Court
Willard, Justice.
The objection to the first count is, that the speaking of the actionable words is alleged to have been on a day and at a place certain, and on divers days and times between that day and the commencement of the suit. It was not customary before the Code to allege the speaking of slanderous words with a continuando. If actionable words were spoken at different times, the proper way, if the plaintiff desired to prove them on the trial, in one suit, was to frame a count on each set of words. There were certain actions of trespass and case, where the act complained of might be…
2Cases cited3 opinions
- Keenholts v. BeckerNew York Supreme Court · 1846
- Boyce v. BrownNew York Supreme Court · 1849
- Rundell v. ButlerNew York Supreme Court · 1849
3Cited by4 opinions
- Cerro de Pasco Tunnel & Mining Co. v. HagginAppellate Division of the Supreme Court of the State of New York · 1905
- Drohan v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1902
- Cooke v. DodgeNew York Supreme Court · 1938
- Drohan v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1902