Cornelius v. Slyck
New York Supreme Court
Demurrer to declaration. The plaintiff declared in slander, for that the defendant in a discourse had with the plaintiff in the presence and hearing of divers citizens, uttered these words, “ You will steal and I can prove it,” adding, “ thereby, meaning and intending to have it understood and “ believed by those citizens last aforesaid, that the said plain- “ tiff had been guilty of stealing, or larceny.”
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Demurrer to declaration. The plaintiff declared in slander, for that the defendant in a discourse had with the plaintiff in the presence and hearing of divers citizens, uttered these words, “ You will steal and I can prove it,” adding, “ thereby, meaning and intending to have it understood and “ believed by those citizens last aforesaid, that the said plain- “ tiff had been guilty of stealing, or larceny.” There was a second count charging the words to have been spoken of and concerning the plaintiff in the third person, “ he will steal,” &c. with a like averment, as in the first count. The…
1Opinion of the Court
By the Court,
Cowen, J.
Taking all the words together, you or he “ will steal, and I can prove it,” we think they may very well be taken to import a charge that the plaintiff had stolen, and may therefore be laid with an innuendo to that effect. How.could the defendant prove that the plaintiff would steal, without showing an act of larceny, and seeking to infer the propensity from that? Other modes of proof might perhaps be conceived of; but not very easily. It must require an effort of the mind, which few by-standers would exert. One inquiring the character of another, and receiving for answer…
2Cited by3 opinions
- Bays v. HuntSupreme Court of Iowa · 1882
- Fanning v. ChaceSupreme Court of Rhode Island · 1891
- McKee v. IngallsIllinois Supreme Court · 1842