Gorton v. Keeler
New York Supreme Court
THIS was an action for slander, in charging the plaintiff with having “sworn falsely, sworn to a lie,” in an action between the parties, before-a justice of the peace, in which the present plaintiff was sworn and examined as a witness on his own behalf. The answer of the defendant was as follows: “ 1st. The defendant denies each and every allegation in the said complaint contained. 2d.
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THIS was an action for slander, in charging the plaintiff with having “sworn falsely, sworn to a lie,” in an action between the parties, before-a justice of the peace, in which the present plaintiff was sworn and examined as a witness on his own behalf. The answer of the defendant was as follows: “ 1st. The defendant denies each and every allegation in the said complaint contained. 2d. For a second and further answer, the defendant alleges that before the speaking of the words alleged in the complaint, and on the third day of November, a. d. 1866, upon the trial of an action then pending…
1Opinion of the Court
By the Court, James C. Smith, J.
This is an action for slanderous words imputing to the plaintiff the crime of perjury. The only questions in the case arise upon the offer of the defendant, on the trial, to prove in justification of the charge, and also in mitigation of damages, the facts set out in the answer. The offer was overruled, and, I think, properly.
The substance of the answer is that in a certain suit theretofore pending before a justice of the peace, the *481plaintiff was sworn as a witness, and gave testimony, material to the issue,'which was untrue; and that whatever the defendant…
2Cited by8 opinions
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- Quinn v. ScottSupreme Court of Minnesota · 1876
- Hatch v. MatthewsNew York Supreme Court · 1895
- Robinson v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1899
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