Van Ankin v. Westfall
New York Supreme Court
THIS was an action of slander tried before Mr. Justice Platt, at the Orange circuit, in September, 1816. The words charged in the three first counts of the declaration, and proved, on the trial, to have been spoken, 'by the de fendant, of the plaintiff, were, the plaintiff is a thief, and has stolen fifty dollars in cash from Jacob De Witt.
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THIS was an action of slander tried before Mr. Justice Platt, at the Orange circuit, in September, 1816. The words charged in the three first counts of the declaration, and proved, on the trial, to have been spoken, 'by the de fendant, of the plaintiff, were, the plaintiff is a thief, and has stolen fifty dollars in cash from Jacob De Witt. These words were spoken in this state, -but had reference to a transaction which took place in Pennsylvania, where Jacob De Witt resided. The defendant offered to prove, in mitigation of damages, that the plaintiff, before speaking the words, was in…
1Per curiam
This is an action of slander, charging the for saying of the plaintiff, 11 He is a thief, and has stolen fifty dollars in cash from Jacob De (VittIt appeared, in proof, that Jacob De Wiil resided in the state of Pennsylva-nia ; and that the transaction referred to by the defendant took place in that state. The plaintiff’s right to sustain the action was objected to, because no crime was alleged against him for which he could be punished here. This objection was proper-ly overruled. Although the plaintiff might not be amenable to our law, had the charge against him been true ; yet, from any…
2Cited by8 opinions
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- Bush v. ProsserNew York Supreme Court · 1852
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