Lally v. Emery
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Peter J. Lally against Jonas A. Emery for slander. The plaintiff alleged the speaking of certain words of and concerning him by the defendant, which were alleged to have been intended to charge the plaintiff with having committed the crime of rape, or attempting to commit that crime.
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Appeal from circuit court, Jefferson county. Action by Peter J. Lally against Jonas A. Emery for slander. The plaintiff alleged the speaking of certain words of and concerning him by the defendant, which were alleged to have been intended to charge the plaintiff with having committed the crime of rape, or attempting to commit that crime. Both the plaintiff and defendant were soldiers in the United States army, and the person to whom the words were spoken was a member of the same company with the defendant. On the trial the court held that the words alleged and proved were privileged, and…
1Concurrence
Hardin, P. J.,
(concurring.) In the opinion delivered in this ease, when it was here on a former appeal, (8 N. Y. Supp. 135,) it was assumed that the motive and intent of the defendant in using the words proved were for the jury to ascertain upon all the evidence. That, assumption is still applicable to the case, and therefore I join in a reversal.
2Cases cited1 opinion
- Lally v. EmeryNew York Supreme Court · 1889