Nolton v. Moses
New York Supreme Court
This was an action for slander, tried at the Kensselaer circuit before Parker, Circuit Judge. The alleged slander consisted in charging the plaintiff with being a thief. The defendant pleaded the general issue, and gave notice of justification. The uttering of the slanderous words was proved by James Powell qnd other witnesses.
Read the full summary
This was an action for slander, tried at the Kensselaer circuit before Parker, Circuit Judge. The alleged slander consisted in charging the plaintiff with being a thief. The defendant pleaded the general issue, and gave notice of justification. The uttering of the slanderous words was proved by James Powell qnd other witnesses. The defendant, after introducing several fitnesses to prove his justificatiqn, examined Squire Allen for the purpose of impeaching the character of Powell, the plaintiff’s principal witness. At the close of his examination the circuit judge remarked that a great deal…
1Opinion of the Court
By the Court,
Willakd, J.
The verdict in this case, for 350 dollars, may be disproportionate to the injury inflicted by the defendant; but it was probably the result, in part, of the manner in which the defence was conducted. The justification was a decided failure; and no doubt the attempt to estafe': *34lish it, after a lapse of 15 years from the time the alleged petit larcenies were committed upon the property of General Worth-ington, which though then known by him and the members of his family by whom they were proved, were suffered then to pass without rebuke — very properly led the jury to…
2Cases cited3 opinions
- Bissell v. CornellNew York Supreme Court · 1840
- Elliott v. BrownNew York Supreme Court · 1829
- Irwin v. DeyoNew York Supreme Court · 1829
3Cited by19 opinions
- Bankr. L. Rep. P 71,525, 22 Fed. R. Evid. Serv. 52 in the Matter of Bevill, Bresler & Schulman Asset Management Corporation, Debtor-In-Possession. Appeal of John D. Rooney. Appeal of Robert L. Bevill. In Re Bevill, Bresler and Schulman Inc., Debtor. Appeal of John D. Rooney. Appeal of Robert L. BevillCourt of Appeals for the Third Circuit · 1986
- Powell v. JonesNew York Supreme Court · 1863
- 97 Cal. Daily Op. Serv. 2091, 97 Cal. Daily Op. Serv. 2621, 97 Daily Journal D.A.R. 3858 Nichet Smith and Renaldo Fowler v. Salt River Project Agricultural Improvement and Power District Board of Directors, of Salt River Project Agricultural Improvement and Power District James L. Diller Howard W. Lydic Eldon Rudd Gilbert R. Rogers Clarence C. Pendergast, Jr. Fred J. Ash James R. Marshall Dwayne E. Dobson Bruce B. Brooks William W. Arnett Mark W. Pace Emil M. Rovey Sued in Their Official Capacity as Members of the Council of Salt River Project Agricultural Improvement and Power District Roy W. Cheatham Clarence J. Duncan Lester Mowry Lawrence P. Schrader Mario J. Herrera Wayne A. Marietta Kevin J. Johnson Byron G. Williams John E. Anderson Lee Tregaskes John A. Vanderwey C. Dale Willis Orland R. Hatch Ben Butler Elvin E. Fleming Larry D. Rovey Charles D. Copperinger Robert L. Cook Lloyd Lee Banning David Rousseau Dan C. McKinney Jr. Wayne A. Hart Michael K. Gantzel Dale Riggins W. Curtis Dana Edmund Navarro Ann M. Burton Mario J. Herrera William P. Schrader Robert G. Kempton Wayne A. Weiler Sued in Their Official Capacity as Members of the Council of Salt River Project Agricultural Improvement and Power District Members of the Board of Salt River Project Agricultural Improvement and Power DistrictCourt of Appeals for the Ninth Circuit · 1997
- Sheldon v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1882
- Gardner v. . BardenNew York Court of Appeals · 1866
14 more not listed; retrieve them via the Exa API.