Beach v. Ranney
New York Supreme Court
Slander for .works spoken by the wife of Ranney of the wife of Beach, tried before Gridley, C. Judge, at the Oneida circuit in October, 1840. The declaration contained three counts. The first and second counts each alleged the speaking of words actionable per se, as, calling Mrs. Beach a thief; and also words which were not actionable per se, as charging her with incontinence.
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Slander for .works spoken by the wife of Ranney of the wife of Beach, tried before Gridley, C. Judge, at the Oneida circuit in October, 1840. The declaration contained three counts. The first and second counts each alleged the speaking of words actionable per se, as, calling Mrs. Beach a thief; and also words which were not actionable per se, as charging her with incontinence. Special damages were alleged in each of these counts as having accrued to the wife, viz. that she had suffered pain of mind and body—her husband had abandoned her—her neighbors refused to assist her as they had before…
1Opinion of the Court
By the Court,%
Bronson, J.
As all of the counts alleged the speaking of words which are actionable per se, the defendants could not demur; and the question was well made on the trial, whether the action in its present form could be maintained for words which were only actionable on proof of special damage..
When the words charged are not actionable in themselves, the plaintiff must allege and prove that by reason of the slander he has sustained some pecuniary damage. \ It is not enough that he has suffered pain of mind, lost the society or good opinion of his neighbors, or the like," unless he…
2Cases cited3 opinions
- Olmsted v. MillerNew York Supreme Court · 1828
- Bradt v. TowsleyNew York Supreme Court · 1835
- Williams v. HillNew York Supreme Court · 1838