Legal Opinion

Hemmens v. . Nelson

New York Court of Appeals

Decided June 13, 1893PublishedCited by 112 opinions

It appeared that before the receipt of the letter defendant had criticised plaintiff’s conduct and said something about discharging her.

Read the full summary

It appeared that before the receipt of the letter defendant had criticised plaintiff’s conduct and said something about discharging her. Held, that it was defendant’s duty to freely criticise and even reprove plaintiff or any other teacher whenever in his judgment it was necessary, and the exercise of this right was not evidence of malice. ' The complaint set forth as a separate cause of action, that subsequent to the transactions above referred to, defendant stated, in the presence of another, of and concerning plaintiff “ that she entertained gentlemen company at all hours of the night.”…

1Opinion of the CourtO’Bbien, J.

The principal question in this case arises upon an exception taken to the direction of a verdict for the defendant upon the fifth trial of an action of slander. The defamatory charge is alleged to have been made by the defendant of and concerning the plaintiff, in the month of February, 1878, and consisted, in substance, of a statement to B. J. Beach, and other worthy citizens, that the plaintiff on January 19, 1878, mailed to the defendant’s wife, at Borne, N. Y., a sealed prepaid envelope, directed to her, in which was inclosed a printed letter or circular containing obscene and indecent…

2Cases cited10 opinions

  1. Weaver v. DevendorfNew York Supreme Court · 1846
  2. Byam v. . CollinsNew York Court of Appeals · 1888
  3. Moore v. Manufacturers' National Bank of TroyNew York Court of Appeals · 1890
  4. Fowles v. . BowenNew York Court of Appeals · 1864
  5. Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839

5 more not listed; retrieve them via the Exa API.

3Cited by112 opinions

  1. Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
  2. James v. Gannett Co.New York Court of Appeals · 1976
  3. Davis v. HearstCalifornia Supreme Court · 1911
  4. Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
  5. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901

107 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API