Burlingame v. Burlingame
New York Supreme Court
Slander and malicious prosecution,- tried at the Che-nan§° chcuit, in July, 1826, before BÍELSON, 0. Judge, The alleged slander was set forth in the two first counts declaration, and the malicious prosecution in the third; and were for charging the plaintiff with the crime . , . ,7 . , . - - , against nature by a connection with the defendant s cow. ^ was Prove(^ hy Anderson Crandall, a witness for the plaintiff, that he, being at the defendant’s house, the defendant, about…
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Slander and malicious prosecution,- tried at the Che-nan§° chcuit, in July, 1826, before BÍELSON, 0. Judge, The alleged slander was set forth in the two first counts declaration, and the malicious prosecution in the third; and were for charging the plaintiff with the crime . , . ,7 . , . - - , against nature by a connection with the defendant s cow. ^ was Prove(^ hy Anderson Crandall, a witness for the plaintiff, that he, being at the defendant’s house, the defendant, about 80 years of age, said he had something to *tell Crandall in private, and they being alone in a room, tibe defendant…
1Opinion of the Court
Curia, per Woodworth, J.
On the count for a malicious prosecution, I think the action cannot be sustained. We cannot say there was a want of probable cause, although it may satisfactorily appear that the defendant, owing to defective sight, advanced age and bodily infirmity, was mistaken. There is no sufficient reason for believing that he was not persuaded of the truth of the facts related by him under oath; and though the plaintiff was acquitted, it is possible the defendant may have been correct. At any rate, his statement may be considered as probable cause. [1]
*145*The counts for slander were…
2Cases cited9 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
- Secor v. BabcockNew York Supreme Court · 1807
- Maddox v. JacksonSupreme Court of Virginia · 1815
- Crabtree v. HortonSupreme Court of Virginia · 1813
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3Cited by15 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Keys v. Chrysler Credit Corp.Court of Appeals of Maryland · 1985
- Seltzer v. FieldsAppellate Division of the Supreme Court of the State of New York · 1963
- Farnam v. . FeeleyNew York Court of Appeals · 1874
- M'Cormick v. SissonNew York Supreme Court · 1827
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