Bisbey v. Shaw
New York Supreme Court
This was an action for slander, in charging-the plaintiff with being a thief, and with having stolen the defendant’s corn.
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This was an action for slander, in charging-the plaintiff with being a thief, and with having stolen the defendant’s corn. The answer, after denying each and every allegation of the complaint, stated by-way of justification, and as a further independent" defense, that the words charged to have been spoken by the defendant were true; for that thé plaintiff,, before the speaking and publishing of the slanderous words by the defendant, in the complaint mentioned, to wit, on or about August 10th, 1847, at the city of Rochester, did feloniously steal, take and carry away certain goods and chattels…
1Opinion of the CourtWelles, P. J.
It seems to me that the case of Bush v. Prosser, recently decided by the general term in this district, (13 Barb. S. C. R. 221,) disposes of the motion in the present ease ; and that if that case was properly decided, the verdict in this should not be disturbed. Whatever might be my individual judgment upon the question of the correctness of the principles held in the case referred to, I should feel bound by them until overruled by paramount authority. But it is but just t'o add, that after a full and deliberate examination of all the decided eases upon the subject, to which I have had…
2Cases cited2 opinions
- Gilman v. LowellNew York Supreme Court · 1832
- Cooper v. BarberNew York Supreme Court · 1840
3Cited by1 opinion
- Haag v. CooleySupreme Court of Kansas · 1885