Olmsted v. Brown
New York Supreme Court
Appeal from a judgment entered by order of a single judge upon a verdict; bringing up for review the judgment, and a hill of exceptions taken on the trial.
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Appeal from a judgment entered by order of a single judge upon a verdict; bringing up for review the judgment, and a hill of exceptions taken on the trial. This was an action brought by a husband to recover the damages which he had sustained by means of slanderous words spoken by the defendant, of the virtue, chastity and fidelity of the plaintiff’s wife, in consequence of which she became and was depressed in her mind, weakened in her body, and injured in her health, so much, that she became and was unable to attend to her ordinary business and occupation, and the plaintiff thereby lost her…
1Opinion of the Court
By the Court,
Mullett, J.
The first point made by the appellant on his argument before us was, that the justice who presided at the trial erred in refusing to nonsuit the plaintiff, *660for several reasons particularly specified; among the most important of which were the following: First. That the words charged in the complaint were not proved as charged; nor in substance as- charged. That the words were all charged in the complaint as having been spoken by the defendant upon his own knowledge, but the proof was that he spoke them as hearsay, and upon the information of others. Second. That the…
2Cases cited4 opinions
- Butler v. KentNew York Supreme Court · 1821
- Dole v. LyonNew York Supreme Court · 1813
- Hastings v. PalmerNew York Supreme Court · 1838
- Delamater v. PierceNew York Supreme Court · 1846
3Cited by17 opinions
- Andrews & Co. v. KinselSupreme Court of Georgia · 1901
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
- Fowles v. . BowenNew York Court of Appeals · 1864
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