Gilman v. Lowell
New York Supreme Court
This was an action of slander, tried at the Clinton circuit in January, 1830, before the Hon. Esek Cowen, one of the circuit judges. A witness for the plaintiff testified that in December, 1828, the defendant accused the plaintiff with having sworn falsely in regard to some of their business, and said something about complaining to the grand jury ox attending to the grand jury.
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This was an action of slander, tried at the Clinton circuit in January, 1830, before the Hon. Esek Cowen, one of the circuit judges. A witness for the plaintiff testified that in December, 1828, the defendant accused the plaintiff with having sworn falsely in regard to some of their business, and said something about complaining to the grand jury ox attending to the grand jury. In May, 1829, the plaintiff, attended by a friend, called on the defendant and demanded an explanation—'the defendant orderd him out of his store; the plaintiff persisted in his demand, when the defendant told him that…
1Opinion of the Court
By the Court, Savage, C. J.
There are two questions presented in this case: 1. Whether the words proved are actionable in themselves; 2. Whether the evidence offered in mitigation should have been received.
*577Whether the words are actionable or not, depends on the question whether they convey to the hearer the charge óf perjury. “ Actionable words are those that convey the charge of perjury in a clear unequivocal manner, and which admit of no uncertainty.” To say, “You have sworn to a lie,” is not actionable, for it may mean extra-judicial swearing. 1 Caines, 347, 9. To say of another that “ he…
2Cases cited4 opinions
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
- Pelton v. WardNew York Supreme Court · 1805
- Kennedy v. GregorySupreme Court of Pennsylvania · 1803
- Webb v. EvansSupreme Court of Pennsylvania · 1809
3Cited by36 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Hatfield v. . LasherNew York Court of Appeals · 1880
- Snyder v. AndrewsNew York Supreme Court · 1849
- Krup v. CorleyMissouri Court of Appeals · 1902
- Lawrence v. . BrownNew York Court of Appeals · 1851
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