Legal Opinion

Houghtaling v. . Kilderhouse

New York Court of Appeals

Decided November 5, 1848PublishedCited by 9 opinions

On error from the supreme court, where Houghtaling sued Kilderhouse in slander for charging the plaintiff with having killed the defendant’s horses by administering poison to them. The defendant pleaded not guilty and gave notice of justification. ' On the trial, after the plaintiff had proved the speaking of the words, the defendant gave circumstantial evidence tending to show that the charge was true.

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On error from the supreme court, where Houghtaling sued Kilderhouse in slander for charging the plaintiff with having killed the defendant’s horses by administering poison to them. The defendant pleaded not guilty and gave notice of justification. ' On the trial, after the plaintiff had proved the speaking of the words, the defendant gave circumstantial evidence tending to show that the charge was true. The plaintiff also introduced evidence upon that issue in reply, and in connection with such evidence offered to prove that his general character was good. This was objected to by the…

1Opinion of the Court

The Court,

after advisement, were of opinion that the point had been properly decided in the courts below, and therefore the judgment' was affirmed.

2Cited by9 opinions

  1. Davis v. HearstCalifornia Supreme Court · 1911
  2. Fahey v. CrottyMichigan Supreme Court · 1886
  3. Hitchcock v. MooreMichigan Supreme Court · 1888
  4. Stafford v. Morning Journal Ass'nNew York Court of Appeals · 1894
  5. Sheehey v. CokleySupreme Court of Iowa · 1876

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