Lally v. Emery
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Peter J. Lally against Jonas A. Emery, for slander. Plaintiff’s complaint contains two counts for slander.
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Appeal from circuit court, Jefferson county. Action by Peter J. Lally against Jonas A. Emery, for slander. Plaintiff’s complaint contains two counts for slander. The first count alleges that the defendant “maliciously spoke concerning the plaintiff the false and defamatory words following: ‘Is Lally [meaning plaintiff] getting along well in the hospital corps? Lieutenant Lloyd said to me: “My last dealings with that man [meaning plaintiff] was, he was hauled up before a court for committing a rape, or trying to commit a rape.” ’ The plaintiff further alleges that the defendant, by said words,…
1Opinion of the CourtHardin, P. J.
Plaintiff, in his complaint, charged the defendant with uttering the words, and that he intended by the words “to charge that the plain*136tiff had committed the crime of rape, or had attempted to.” In the course of the charge delivered to the jury, the judge, remarked: “It is a question for you to determine whether or not these words, as used, especially upon the first occasion,'did amount to a charge of crime. It is a question of their reasonable meaning as used, under the circumstances. If you are of the opinion that there was not here, in substance, a charge of crime,—the crime of rape, or an…
2Cases cited7 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Bush v. . ProsserNew York Court of Appeals · 1854
- Thurston v. . CornellNew York Court of Appeals · 1868
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Bayliss v. . CockcroftNew York Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lally v. EmeryNew York Supreme Court · 1894
- Lally v. EmeryNew York Supreme Court · 1891
- Mattice v. WilcoxNew York Supreme Court · 1893