Herrick v. Lapham
New York Supreme Court
THIS was art August, 1813. of slander. The cause was tried before Mr. Justice Yates, at the Dutchess circuit, in September, 1812. The declaration stated that the plaintiff was a merchant and trader, Sec. That on the 21st June, 1811, the defendant said of him to one Moses Tallmadge, in the hearing of him and others, “ he (meaning the plaintiff) is in gaol, and you will lose the debt he owes you.”
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THIS was art August, 1813. of slander. The cause was tried before Mr. Justice Yates, at the Dutchess circuit, in September, 1812. The declaration stated that the plaintiff was a merchant and trader, Sec. That on the 21st June, 1811, the defendant said of him to one Moses Tallmadge, in the hearing of him and others, “ he (meaning the plaintiff) is in gaol, and you will lose the debt he owes you.” And also, that on the same day, the defendant said to the said Tallmadge, and in the hearing of others, “ he (the plaintiff) is a bankrupt, and unable to pay his debts.” And, again, on the 20th…
1Per curiam
The verdict in this case must be set aside and a new trial awarded, on the ground that the plaintiff was permitted to inquire of witnesses whether he had not sustained a general loss of reputation, and suffered a material injury in his credit, in consequence of the reports circulated by the defendant. This inquiry was illegal. When words are not actionable, unless special damages are alleged, the proof of damages must be confined to-those laid in the declaration. And if the words are actionable the law implies damages, the extent of which, in either case, is to be judged of by the jury from…
2Cited by8 opinions
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- Alley v. NeelyIndiana Supreme Court · 1839
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