Moody v. Baker
New York Supreme Court
Slander. The declaration alleged a contract of marriage between the plaintiff and Parkman Baker ; and that the defendant, to prSvbntfthe intended marriage, in a conversation with Parkman Baker, declared that he had had carnal intercourse with the plaintiff; by reason whereof Parkman Baker refused to marry her. The cause was tried at the Cayuga circuit, 1824, before Ti-iroop, C. Judge.
Read the full summary
Slander. The declaration alleged a contract of marriage between the plaintiff and Parkman Baker ; and that the defendant, to prSvbntfthe intended marriage, in a conversation with Parkman Baker, declared that he had had carnal intercourse with the plaintiff; by reason whereof Parkman Baker refused to marry her. The cause was tried at the Cayuga circuit, 1824, before Ti-iroop, C. Judge. The verdict being for the plaintiff, for $1450, a motion was now made in arrest of Judgment on the ground of the insufficiency of the declaration, and for a new trial upon a case. The latter depended mainly upon…
1Opinion of the Court
Curia, per Woodworth, J.
The words spoken are not in themselves actionable. If the action is sustainable, it must be on the ground of special damage.
It is contended on the part of the defendant, that no action can be maintained on the facts alleged in the declara*3534011. The case of Vicars v. Wilcocks, (8 East. 1,) is relied on as an authority in point. In that case it was held, that when special damage is necessary to sustain an action for slander, it is not sufficient to prove a mere wrongful act of a third person, induced by the slander; but the special damage must be a legal and natural…
2Cited by3 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Kendall v. . StoneNew York Court of Appeals · 1851