Distin v. . Rose
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 7 Hun, 83.) This action was brought under the statute “ providing relief for words imputing unchastity to a female.” (Chap. 219, Laws of 1871.) The facts appear sufficiently in the opinion. ....
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 7 Hun, 83.) This action was brought under the statute “ providing relief for words imputing unchastity to a female.” (Chap. 219, Laws of 1871.) The facts appear sufficiently in the opinion. .... It was error to allow plaintiff to prove another and distinct conversation or cause of action than that alleged in the complaint. (Howard v. Sexton, 4 N. Y., 157; Titus v. Sumner, 44 id., 266; Root v. Lawndes, 6…
1Opinion of the Court
Church, Ch. J.
There are several errors alleged to have been committed on the trial, which will be briefly noticed. It is insisted that the court erred in receiving evidence of the second conversation, in which defendant repeated the slanderous words. The complaint contained but one count, and the alleged slander consisted in charging the plaintiff in substance with being a prostitute. In the second conversation, the same charge was substantially repeated, but this was before the commencement of the action. Ho error was committed in receiving the evidence. The action was for damages for injury…
2Cases cited4 opinions
- Thorn v. . KnappNew York Court of Appeals · 1870
- Howard v. . SextonNew York Court of Appeals · 1850
- Frazier v. . McCloskeyNew York Court of Appeals · 1875
- Titus v. . SumnerNew York Court of Appeals · 1870
3Cited by29 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Haymond v. SaucerIndiana Supreme Court · 1882
- Cook v. . ConnersNew York Court of Appeals · 1915
- Upton v. HumeOregon Supreme Court · 1893
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