Kinney v. . Nash
New York Court of Appeals
Appeal from the supreme court, where Kinney sued Nash for uttering slanderous words. The defendant pleaded the general issue and gave notice of special matter. At the trial before Pratt, J. in August, 1848, the plaintiff had a verdict for §127, which the supreme court sitting in the sixth district refused to set aside, and the defendant, after judgment against him, appealed to this court. The case is stated in the opinion of Jewett, O. J.
1Opinion of the Court
Jewett, Ch. J.
The principle is well settled that to maintain an action for words spoken, the words must either have' produced a temporal loss to the plaintiff, by reason of special damage sustained from their being spoken, or they must convey a charge of some act criminal in itself, and indictable as such, and subjecting the party to an infamous punishment, or they must impute some indictable offence, involving moral turpitude, or the breach of some public trust, or with some matter in relation to his particular trade or vocation, and which, if true, would render him unworthy of employment.…
2Cases cited3 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Brooker v. CoffinNew York Supreme Court · 1809
- Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by19 opinions
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Bradley v. CramerWisconsin Supreme Court · 1884
- Gurtler v. Union Parts Manufacturing Co.New York Court of Appeals · 1956
- Stewart v. WilsonSupreme Court of Minnesota · 1877
- Keene v. Tribune Ass'nNew York Supreme Court · 1894
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