Smith v. Kerr
New York Supreme Court
Slander, tried at the New-York circuit, in 1844, before Kent, C. J. The slander consisted in charging the plaintiff with stealing the defendant’s money. And the words were uttered in the presence of police officers who were employed by the defendant to make investigations respecting a theft or robbery which had been committed in his store. There was no evidence that any other person was present at the time the charge was made. The defendant pleaded the general issue.
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Slander, tried at the New-York circuit, in 1844, before Kent, C. J. The slander consisted in charging the plaintiff with stealing the defendant’s money. And the words were uttered in the presence of police officers who were employed by the defendant to make investigations respecting a theft or robbery which had been committed in his store. There was no evidence that any other person was present at the time the charge was made. The defendant pleaded the general issue. Upon the trial a witness testified that subsequent to the uttering of the slander the plaintiff had said to the defendant that…
1Opinion of the Court
By the Court.
The only objection to the ruling of the circuit judge, as to the admissibility of evidence, which we esteem "worthy of notice, was taken during the examination of the witness Robinson. After he had testified to an attempt made by the parties to arbitrate, he was asked by the defendant’s counsel, whether the defendant did not say, during the negotiations to effect an arbitration, that he had satisfied the plaintiff by writing to his brother. This was objected to by the plaintiff’s counsel, but the court allowed the question to be put, and the witness answered, that the defendant…
2Cited by4 opinions
- Pecue v. . WestNew York Court of Appeals · 1922
- State v. HaysSupreme Court of Missouri · 1856
- People v. WhiteNew York Supreme Court · 1864
- Demarest v. DaigNew York Court of Common Pleas · 1860