Kendall v. Stone
The Superior Court of New York City
This was an action to recover damages forBan alleged slander of the plaintiff’s title to certain lots of land situated in the sixteenth ward of the city of New York.
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This was an action to recover damages forBan alleged slander of the plaintiff’s title to certain lots of land situated in the sixteenth ward of the city of New York. The cause was tried in December, 1846. The plaintiff produced and read to the court, a deed of the premises in question, executed by the defendant and wife to the plaintiff, bearing date April 10, 1845, subject to a mortgage for $3000, and interest from October, 1844, and subject also to assessments for opening Thirty-Seventh street and Madison Avenue. The deed contained no warranty whatever, but contained a covenant against the…
1Opinion of the CourtBy the Court. Vanderpoel, J.
It would seem from the books of reports of this state, that this is a rare action among us. They abound with actions for personal slander ; but few, if any, actions for slander of title can be found in them. Not so, however, in England; the action there seems a frequent one, and the principles which govern it seem there pretty well established.
The action for slander of title differs in many particulars from the ordinary action of slander. The truth of the words may be given in evidence under the general issue. (Cooke’s Law of Defamation, 27, and cases there cited.) In one particular, the…
2Cases cited3 opinions
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Kennedy v. GiffordNew York Supreme Court · 1838
- Robertson v. LynchNew York Supreme Court · 1821
3Cited by5 opinions
- Like v. McKinstryNew York Supreme Court · 1863
- Shacklett v. PolkTennessee Supreme Court · 1871
- Shacklett v. PolkTennessee Supreme Court · 1871
- Shacklett v. PolkTennessee Supreme Court · 1871
- Willard v. EasthamMassachusetts Supreme Judicial Court · 1860