Wright v. Paige
New York Supreme Court
HIS was an appeal from a judgment entered at a special term, after a trial by a jury, at the circuit. The action was for slander. The words set out in the complaint were the following: “Ah! you (meaning plaintiff) damned scoundrel, I (meaning defendant) will see the end of you yet.
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HIS was an appeal from a judgment entered at a special term, after a trial by a jury, at the circuit. The action was for slander. The words set out in the complaint were the following: “Ah! you (meaning plaintiff) damned scoundrel, I (meaning defendant) will see the end of you yet. There is nothing of you; you have nothing but whores about you; you (mean.ing plaintiff) keep a whore house; you have brought up two girls whores; now you have another you are bringing up the same way. Gro home and take care of your whores.” He, the said defendant, thereby then and there imputing and intending…
1Opinion of the Court
By the Court,
Boches, J.
Appeal from a judgment. The action is for slander. The words charged, among other op*439probrious epithets, were that the plaintiff kept a whore house. Ho special damage is alleged, nor does it appear that any was proved or attempted to be proved. The plaintiff proved the uttering of the words hy the defendant, and had a verdict in his favor
It is urged that the words are not actionable, per se. In Martin v. Stillwell, (13 John. 275,) the words were, “Mrs. Martin kept a bawdy house.” Held actionable. This case is referred to and approved in Young v. Miller, (3 Hill, 21,)…
2Cases cited17 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Root v. StuyvesantNew York Supreme Court · 1837
- Haggart v. . MorganNew York Court of Appeals · 1851
- Gibson v. WilliamsNew York Supreme Court · 1830
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3Cited by7 opinions
- Zeliff v. JenningsTexas Supreme Court · 1884
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- Hewit v. MasonNew York Supreme Court · 1863
- Lipprant v. LipprantIndiana Supreme Court · 1875
- Wood v. RuscoNew York Surrogate's Court · 1880
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