Bush v. . Prosser
New York Court of Appeals
Action for slander, commenced in June, 1849. The complaint alleged that the defendant charged the plaintiff with keeping a house of ill fame.
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Action for slander, commenced in June, 1849. The complaint alleged that the defendant charged the plaintiff with keeping a house of ill fame. The defendant by his answer denied each allegation of the complaint, and in further answering alleged that, during five years next prior to the times mentioned in the complaint, the conduct of the wife and daughter of the plaintiff, who during that time were inmates of his house, was lascivious, unchaste and improper, and such as to induce the belief that the plaintiff did keep a house of ill fame; that the son of the defendant was induced, by the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Unless a change has been wrought in the rules of evidence and the law applicable to this case, by the code of procedure, the justice was clearly right in excluding the evidence offered by the defendant in mitigation of damages. The facts and circumstances offered came far short of a justification of the charge made against the plaintiff, as understood by the court and jury, and it is conceded by the counsel for both parties that they tended to prove the truth of…
2Cases cited1 opinion
- Thorn v. MoserCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by63 opinions
- Fleckenstein v. FriedmanNew York Court of Appeals · 1934
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- Knapp v. . RocheNew York Court of Appeals · 1884
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