Lewis v. Kendall
New York Supreme Court
This is an action of slander, and the case comes before the court on a demurrer to the answer. The answer in the first place denies all the material allegations in the complaint.
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This is an action of slander, and the case comes before the court on a demurrer to the answer. The answer in the first place denies all the material allegations in the complaint. In short, the answer denies the speaking of any of the words in the complaint, and then it says that in case the said plaintiff shall, notwithstanding, prove on the .trial of this cause the speaking and publishing of all or any of the words mentioned in the complaint, then, and in that case, the defendant will prove on the trial in justification thereof, the following facts and circumstances, the substance of which…
1Opinion of the Court
Mason, Justice.
This cause comes before the court on a demurrer. I propose in the first place to consider whether the matters stated in the answer of the defendant would constitute a defence if they were properly pleaded; or, in other words, whether the converting of two dollars of the twelve thus intrusted to the plaintiff in the manner and under the circumstances stated in the answer of the defendant, constitutes a criminal offence. If it is a criminal offence it is embezzlement, and falls within the 59th section 2 R. S. page 678, which provides, in substance, that if any clerk or servant of…
2Cases cited3 opinions
- Frary v. DakinNew York Supreme Court · 1810
- People v. DaltonNew York Supreme Court · 1836
- People v. ShermanNew York Supreme Court · 1833
3Cited by2 opinions
- Derby v. GallupSupreme Court of Minnesota · 1860
- Goodman v. RobbNew York Supreme Court · 1886