Willover v. . Hill
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was for slander; for words alleged to have been spoken of plaintiff by defendant, Martha Hill, wife of George Hill, the other defendant, charging plaintiff with want of chastity and with illicit intercourse with said George Hill. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was for slander; for words alleged to have been spoken of plaintiff by defendant, Martha Hill, wife of George Hill, the other defendant, charging plaintiff with want of chastity and with illicit intercourse with said George Hill. The facts appear sufficiently in the opinion. Defendant had a right to prove in mitigation of damages facts and circumstances which disprove malice, although they tended to establish the truth…
1Opinion of the CourtRapallo, J.
The exceptions upon which a new trial is asked in this action, relate wholly to rulings of the Court in admitting and .excluding testimony.
The alleged slanderous words are proved by one Lydia Smith, to have been spoken by the defendant Martha to the witness in a conversation which took place between them in March, 1874, and which the witness testified was the first occasion on which the plaintiff was the subject of conversation between her and Martha. That conversation was fully detailed on the trial, and no part of it was excluded. The defendant Martha was examined as a witness on her own…
2Cases cited4 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Bisbey v. . ShawNew York Court of Appeals · 1854
- Spooner v. . KeelerNew York Court of Appeals · 1873
3Cited by27 opinions
- Barkly v. CopelandCalifornia Supreme Court · 1887
- Edwards v. San Jose Printing & Publishing SocietyCalifornia Supreme Court · 1893
- Hatfield v. . LasherNew York Court of Appeals · 1880
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Lauder v. JonesNorth Dakota Supreme Court · 1904
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