Wormouth v. Cramer
New York Supreme Court
This was an action of slander, tried at the Herkimer cir— cuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The defendant it seems uttered the same slander in English which his wife published in German, (ante, p. 394.) The words, as proved, charged the plaintiff’s wife with stealing a cap from one Pomeroy’s.
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This was an action of slander, tried at the Herkimer cir— cuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The defendant it seems uttered the same slander in English which his wife published in German, (ante, p. 394.) The words, as proved, charged the plaintiff’s wife with stealing a cap from one Pomeroy’s. After the evidence on the part of the plaintiffs was closed, the defendant offered to prove, in mitigation of damages, that before the speaking of the words a cap and a handkerchief had been lost at Pomerby’s tavern ; that one Caty Kinsman had been…
1Opinion of the Court
By the Court,
Marcy, J.
What may be offered in mitigation of damages in actions of slander and for libels, was much considered in the case of Root v. King, (7 Cowen, 613,) and it seems to be there settled, “ that the defendant in such actions, if he has not attempted to justify the charge, may prove under the general issue, by way of' excuse, any thing short of a justification which does not necessarily imply the truth of the charge or tend to prove it true, but which repels the presumption of malice.” The defendant here offered, with a view to mitigate damages to prove that the plaintiff, Mrs.…
2Cited by7 opinions
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