Legal Opinion

White v. Newcomb

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1898PublishedCited by 7 opinions

Appeal' by the defendant, Thomas W. Newcomb, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 22d day of December, 1896, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 11th day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Follett, J.:

This action was begun January 4, 1896, to recover damages for an alleged slander uttered on two occasions — September 1," 1895, and December 18,1895—imputing unchastity to the plaintiff. The complaint contains two 'counts. In the first it is alleged that the slander was uttered December IS, 1895, and in the second it is alleged that the slander was also uttered September 1, 1895. I concur in the opinion of the presiding justice that Stafford v. The Morning Journal Association (142 N. Y. 598) sustains the ruling of the trial court, permitting the plaintiff to give evidence, as part…

2Cases cited1 opinion

  1. Stafford v. Morning Journal Ass'nNew York Court of Appeals · 1894

3Cited by7 opinions

  1. Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
  2. Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Ridgeway State Bank v. BirdWisconsin Supreme Court · 1925
  4. Washington Post Co. v. ChalonerCourt of Appeals for the D.C. Circuit · 1917
  5. In re the Probate of the Will of HewettAppellate Division of the Supreme Court of the State of New York · 1947

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